WV Civil Rights Lawyer

Police Misconduct, Civil Rights Law

Our new mission: South Carolina man wrongfully imprisoned for murder from 1977 through 2016

We are pleased to have been hired to represent a man named James McClurkin.  James was convicted of murder in 1977.  In late 2016, law enforcement appeared at his parole hearing and testified that the old murder case was reopened, and that James was innocent.  James was released.  He was 63 years old, and had been in South Carolina prisons since the age of 18.

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South Carolina is one of the states which does not provide compensation to innocent people who are wrongfully imprisoned and then later exonerated.  Hopefully that legislation can soon be enacted in South Carolina.  But until that happens, we are working hard to compensate Mr. McClurkin for the terrible injustice which occurred in his case.

Here are some of the media accounts of his release from prison:

Chester man paroled after 39 years for crime he denies. Were wrong men convicted?

Judge says Chester men must go to S.C. Supreme Court to seek exoneration for murder

‘I am free’: Chester man in prison 43 years goes home, still hoping to be exonerated

‘The air. It smells different. Like freedom.’ Man freed after 39 years in prison for murder police now say he didn’t commit

The sheriff said he didn’t do it and he was released from prison but stigma impossible to shake.

James McClurkin and his co-defendant were convicted of the 1973 murder of laundromat attendant Claude Killian.  James, and his co-defendant Ray Charles Degraffenreid, both African Americans, were convicted under the brutal 1970’s Chester County, South Carolina justice system, which involved, among other things, a presiding trial judge who was known for using the “N word” while on the bench.

The real murderer actually confessed in 1992, which was corroborated by the fact that he was convicted of a similar murder, and by the fact that he had no alibi on the night of the murder.  However, the justice system once again failed James, and he was sent back to prison for another 25 years. Now law enforcement reopened the case, and have concluded that the real murderer was telling the truth.  How did this occur?  Well, among other issues, the mother of the real murderer was apparently the maid of the prosecutor who prosecuted James and Ray Degraffenreid.

This sounds like a novel, but it’s not.  It’s real, and it was only uncovered because a courageous new sheriff was willing to give someone the benefit of the doubt, and double check an old case.  Follow along as we jump into this case and work to reverse the wheels of justice.

IF YOU LIVE IN SOUTH CAROLINA, PLEASE CONTACT YOUR POLITICIANS AND EXPRESS YOUR SUPPORT IN PLACING THESE CASES BEFORE THE GOVERNOR OF SOUTH CAROLINA.  BOTH JAMES MCCLURKIN AND RAY CHARLES DEGRAFFENREID SHOULD BE PARDONED BY THE GOVERNOR OF SOUTH CAROLINA.

You can donate in order to assist with James McClurkin’s living expenses through the following site:

https://www.youcaring.com/jamesmcclurkin-815274

June 22, 2018 Posted by | Civil Liability, Corruption, John H. Bryan, Judges, Judicial Misconduct, Lawsuits, Lawyers, Legislation, McClurkin Case, Media Coverage, Murder, Police, Police Misconduct, Prosecutors, Trials, Wrongful Imprisonment | Leave a comment

U.S. Supreme Court Case on Cell Phone GPS Data

Today the SCOTUS released a decision pertaining to cell phone GPS data obtained without a warrant.  I wish this case existed back when I was litigating the constitutionality of warrantless GPS trackers on police vehicles, which ultimately was decided against us.

Given the unique nature of cell phone location records, the fact that the information is held by a third party does not by itself overcome the user’s claim to Fourth Amendment protection. Whether the Government employs its own surveillance technology as inJones or leverages the technology of a wireless carrier, we hold that an individual maintains a legitimate expectation of privacy in the record of his physical movements as captured through CSLI. The location information ob- tained from Carpenter’s wireless carriers was the product of a search.

The opinion describes the nature of what makes such a “search” a violation, and unreasonable:

As with GPS information, the time- stamped data provides an intimate window into a person’s life, revealing not only his particular movements, but through them his “familial, political, professional, reli- gious, and sexual associations.” Id., at 415 (opinion of SOTOMAYOR, J.). These location records “hold for many Americans the ‘privacies of life.’ ” Riley, 573 U. S., at ___ (slip op., at 28) (quoting Boyd, 116 U. S., at 630). And like GPS monitoring, cell phone tracking is remarkably easy, cheap, and efficient compared to traditional investigative tools. With just the click of a button, the Government can access each carrier’s deep repository of historical location information at practically no expense.

This essentially mirrors the arguments we made in the Asbury vs. Ritchie County case.

In fact, historical cell-site records present even greater privacy concerns than the GPS monitoring of a vehicle we considered in Jones. Unlike the bugged container inKnotts or the car in Jones, a cell phone—almost a “feature of human anatomy,” Riley, 573 U. S., at ___ (slip op., at 9)—tracks nearly exactly the movements of its owner. While individuals regularly leave their vehicles, they compulsively carry cell phones with them all the time. A cell phone faithfully follows its owner beyond public thor- oughfares and into private residences, doctor’s offices, political headquarters, and other potentially revealing locales. See id., at ___ (slip op., at 19) (noting that “nearly three-quarters of smart phone users report being within five feet of their phones most of the time, with 12% admit- ting that they even use their phones in the shower”); contrast Cardwell v. Lewis, 417 U. S. 583, 590 (1974) (plurality opinion) (“A car has little capacity for escaping public scrutiny.”). Accordingly, when the Government tracks the location of a cell phone it achieves near perfect surveillance, as if it had attached an ankle monitor to the phone’s user.

Justice Alito dissents and argues that such information should be available without a warrant. I am at a loss to understand how a justice alleged to be a strict constitutionalist sides with the government in a dispute about whether a warrant should be obtained?  Shouldn’t someone who respects the original intent of the constitution always side with a warrant over a warrantless search?  After all, warrants are a piece of cake for law enforcement to obtain.  But at the very least, they have to create a paper trail.

 

June 22, 2018 Posted by | Searches and Seizures, Uncategorized | Leave a comment

In one of the last opinions written by now former-Supreme Court Justice Ketchum, I can announce that we just won an important real estate case before the WV Supreme Court

The newly-indicted justice actually didn’t vote, but we recently a won a big case.  It was a case we had tried to a jury, and won.  Months down the road, the trial judge threw out the verdict and tried to take it away from us.  But we appealed, and won.  The verdict has been reinstated.

You can read the opinion here.

McInarnay et al. v. Hall, et al.

It actually created some new law in West Virginia:

(Basically, a trial lawyer needs to complain about insufficiency of the evidence before the case goes to a jury, not after.  If you roll the dice and lose, you can’t claim afterwards that the jury didn’t have enough evidence.)

Under the WEST VIRGINIA RULES OF CIVIL PROCEDURE [1998], when a party has failed during a jury trial to make a motion for judgment as a matter of law under Rule 50(a) challenging the sufficiency of the evidence, that party has waived the right to mount any post-trial attack on the sufficiency of the evidence under Rule

50(b). Additionally, if the party moves for a new trial under Rule 59 and attempts to challenge the sufficiency of the evidence supporting the verdict, then the scope of review of the motion is confined to whether there was any evidence to support the jury’s verdict, irrespective of its sufficiency, and which, if not addressed by the court, would result in a manifest miscarriage of justice.

June 20, 2018 Posted by | Lawsuits, Lawyers, Trials | Leave a comment