WILSON, N.C. – The U.S. Court of Appeals for the Fourth Circuit has agreed with The Duke Law Innocence Project's assertion that it's unlikely jurors would have convicted Charles Ray Finch of the 1976 murder of Richard "Shadow" Holloman if they had known about flaws in the police lineup and witness pressure from prosecutors.

The three-judge ruling returned the case to the North Carolina-based federal court with a unanimous opinion that Jim Coleman, attorney for Finch and head of Duke University's Wrongful Conviction Clinic, says proves that past death penalty cases deserve a second look.

"On one of our principal issues, which is that the lineup from which Mr. Finch was identified was extremely suggestive,” he states, “the Court of Appeals agrees with that and held that it likely violated the Constitution."

Advocates say Finch narrowly escaped death. The investigation led to an eyewitness who admitted to being influenced by the prosecution.

After the conviction, Finch was sentenced to execution in the gas chamber on Oct. 4, 1976, the same day the U.S. Supreme Court ruled that North Carolina's mandatory death penalty law was unconstitutional.

Kristin Collins, a spokeswoman for the Center for Death Penalty Litigation, says Finch's case isn't the first time mistaken identity has led to sentences of death or life in prison.

"There are people still on death row today who are there largely because one person identified them as the person they saw,” she points out. “Those were identifications that were often done in questionable ways before we had laws that tried to prevent mistaken identifications and actually wouldn't be legal according to today's standards."

Advocates say that if prosecutors look at the federal court's opinion and the evidence, litigation won't be necessary for Finch to be freed.

Coleman says since Finch has spent more than 42 years of his life in prison, he plans to approach North Carolina Attorney General Josh Stein to help with the 80-year-old's immediate release.

"Our intent is to now go to the attorney general to join us in asking the federal district court to grant the writ of habeas corpus, agree that the conviction violated the Constitution, and to immediately release Mr. Finch from prison," he states.

According to the center, 92 percent of cases were tried before 2008 reforms designed to prevent mistaken eyewitness identifications.

The new laws set strict standards for eyewitness lineup procedures.


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A controversial new law is set to take effect next week, requiring Hoosiers to upload sensitive documents, including driver's licenses and Social Security numbers, to access adult content online. The measure aims to prevent minors from viewing explicit materials, but it has sparked significant concerns.

Chris Daley, executive director of the ACLU of Indiana, argues the law infringes on constitutional rights by excessively burdening access for Hoosiers.

"You can't do that in a way that impermissibly burdens an adult's access to the same material. And the state can't use a means to limit a minor's access to adult material if there's a less burdensome means available to do so," Daley said.

Indiana Attorney General Todd Rokita supports the law, citing the need to protect children from the psychological impacts of explicit material.

Opponents question the effectiveness of the measure, pointing out that minors could still access adult content through unregulated sites or by using VPNs.

The law also raises concerns about potential censorship of sex education and LGBTQ+ content. Sen. Liz Brown, D-Fort Wayne, chaired the Senate Judiciary Committee when the law made its way through the Statehouse in the 2024 session. She suggests porn sites find it easier to adapt than comply - recently cutting its feed in states such as Louisiana, Mississippi and Utah.

"This isn't about eliminating pornography from the state of Indiana - although I would be OK with this," Brown said. "Pornhub -- and I can't speak for that business -- but they decided that their business model was easier, which would indicate to me that they knew at the time they were operating that they were having minors access their material."

Pornhub and other operators are seeking to block the law, arguing it impinges on adults' free speech and other constitutional rights.


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A new bill that takes effect next Monday will allow incarcerated Mississippians to request an absentee ballot in time for the presidential election on November 5.

House Bill 1406 will impact incarcerated Mississippians who have not been convicted of any of the 23 disenfranchisement crimes to be eligible to participate in the electoral process.

Paloma Wu, deputy director of impact litigation at the Mississippi Center for Justice, said they want all eligible Mississippians to vote because it's better for democracy. She added the Magnolia State has a limited excuse-only absentee ballot, meaning people can vote absentee, but only in specific circumstances.

"Many people who are held in jail and imprisoned in Mississippi are actually eligible to vote. And for one large group of those people, they had no excuse, which would have applied to them," she said.

Wu pointed out that Mississippi has one of the highest incarceration rates in the nation, with more than 1,000 people per 100,000 residents behind bars.

Wu noted those who are convicted of one of 23 disenfranchising crimes in a Mississippi court are automatically banned from voting for life. She added the history behind the disfranchising law was to prevent people of color from voting.

"Our list of disenfranchising crimes was created to target primarily descendants of recently enslaved people back in 1890," she explained.

Wu pointed out that her organization, along with other advocacy groups, Mississippi Votes, Black Voters Matter, and Mississippi Center for Re-Entry, collaborated with the state throughout the 2024 legislative session to get House Bill 1406 passed.

Mississippi's pilot work-release program for incarcerated individuals has been extended to three years.

The program allows qualified participants to gain job skills and earn money while serving their sentence.

Wil Ervin, senior vice president of the advocacy group Empower Mississippi, said the existing law has a pilot work-release program operated by the Mississippi Department of Corrections at the Central Mississippi Correctional Facility. It is limited to only 25 participants, but the expansion of Senate Bill 2445 will include more state and regional correctional facilities.

"Obviously, we recognize the importance of an individual having a job both while they're in prison and when they get out," Ervin pointed out. "Having a job is one of the biggest predictors of recidivism for individuals once they're released from prison."

Ervin noted during the legislative session, his organization worked with the bill's author, Sen. Juan Barnett, D-Heidelberg, and House Corrections Chairperson Becky Curry to expand the program.

They decided to expand this program statewide at the end of the session whenever the conference report from the Joint Legislative Committee on Performance Evaluation and Expenditure Review was released.

He added the working wage participants will receive is higher than the federal minimum wage of $7.25.

"The PEER report that was released last year shows that average wages were $13.35 an hour," Ervin explained. "Under the new bill, 15% goes back to administration of the program; 25% goes towards child support fines, fees, restitution, court costs."

Ervin added 50% goes into a savings account, which will be made available to the individual when they are released. He pointed out another 10% can be used for commissary and incidental expenses while they are in prison.


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