Abstract
A certificate of innocence is sometimes needed when a wrongfully convicted individual sues the federal government for damages. This casenote discusses the Fourth Circuit’s denial of a certificate of innocence for the petitioner in United States v. Graham. The Fourth Circuit found that the petitioner, whose embezzlement conviction had previously been overturned, was not entitled to a certificate of innocence because his prosecution was caused by his own misconduct or neglect, which is one prong under 28 U.S.C. Section 2513 that can prohibit a certificate of innocence from being issued. In its decision, the Fourth Circuit specifically rejected the Seventh Circuit’s interpretation of this misconduct or neglect prong, which prohibited courts from assessing the virtue of the petitioner’s behavior, even in cases where the behavior did not amount to a criminal offense. This casenote argues that the Fourth Circuit incorrectly decided Graham by creating new precedent that will allow judges to make moral assessments of a petitioner’s noncriminal behavior when determining whether the petitioner’s misconduct or neglect led to his prosecution.
Recommended Citation
Amy Oxley,
Not Innocent Enough: The Denial of a Certificate of Innocence Based on Neglect in United States v. Graham, 608 F.3d 164 (4th Cir. 2010),
36
S. Ill. U. L.J.
425
(2012).
Available at:
https://opensiuc.lib.siu.edu/siulj/vol36/iss2/9