NACDL - United States v. MacDonald

United States v. MacDonald

Amicus curiae brief of the Innocence Project, the North Carolina Center on Actual Innocence, the New England Innocence Project, and the National Association of Criminal Defense Lawyers in support of petitioner-appellant Jeffrey R. MacDonald.

Brief filed: 06/15/2010

Documents

United States v. MacDonald

4th Circuit Court of Appeals; Case No. 08-8525

Argument

The district court erred when it (1) ignored uncontroverted evidence that the trial AUSA intimidated a defense witness and lied about it to the trial judge, and (2) holding that additional prefiling authorization was required to allow the petitioner to introduce exculpatory DNA evidence. The evidence as a whole establishes that no reasonable fact finder would have found him guilty under 28 U.S.C. §2244(b)(2)(B)(ii) or any other standard.

Author(s)

Andrew Good, Philip Cormier and Harvey Silverglate, Goodwin Proctor LLP, Boston, MA, et al4th Circuit Decision 04/19/2011.