Many innocent people across the United States have been wrongfully convicted of crimes they did not commit. Even though some of them are later freed, this continues to be an issue in the city of Knoxville and the rest of the country.

The reason for this is because the justice system often fails our citizens and finds innocent people guilty. When this happens, the individual and their families suffer devastating and traumatic consequences for many years to come. This is why it is important to speak with a criminal defense attorney in Knoxville when faced with a criminal charge.

What is a wrongful conviction?

According to the National Institute of Justice (NIJ), a wrongful conviction is when a person who is innocent is found guilty of a crime. The NIJ explains that there are two ways a wrongful conviction happens, which are:

1. The individual who is convicted of a crime is actually innocent.
2. During the court proceedings, there were procedural errors that violated the individual’s rights, which led to a wrongful conviction.

Due to DNA testing becoming a popular technique used in criminal cases, more and more people are being released due to proof of their innocence. DNA testing did not start being used until the late 1980s when a man in the United Kingdom was found innocent for two rape-murder cases.

Examples of wrongful convictions in Tennessee

The state of Tennessee has wrongfully convicted several people throughout the years. In fact, the Bureau of Justice System stated that there have been 24 exonerations in the state of Tennessee as of 2021. An exoneration is when a person is cleared of their charges and declared innocent. Here are a few examples of individuals who were wrongfully convicted and exonerated in Tennessee:

• William Arnold, Jr.: In 2011, Tennessee indicted William Arnold, Jr. for sexually assaulting an 11-year-old child. Arnold was in charge of mentoring the child during the time that the boy told his mother that he sexually assaulted him. Arnold was convicted in 2013 and was given a 25-year sentence. In 2020, he was exonerated.
• Joshua Bargery: In 2011, Joshua Bargery was accused of murdering a couple in Ridgely, Tennessee. During his interview, officers believed that Bargery knew information that only a murderer would know about the scene. He was convicted in 2015 for murder and robbery. He received a life sentence but was exonerated in 2022.
• Adam Braseel: In 2007, Adam Braseel was put in prison for the murder of Malcom Burrows. He stated that he was framed by several law enforcement officers for the murder, which resulted in him spending 12 years behind bars. He was given a life sentence, but in 2021, he was exonerated for the crime.
• David Housler, Jr.: In 1997, David Housler, Jr. was convicted of murdering four employees who were working inside of a Taco Bell. He was given a life sentence and spent 15 years in prison. In 2014, he was exonerated.
• Paul G. House: In 1986, Paul G. House was convicted of murder when a woman’s body was found in a creek. He was sentenced to death row after police automatically suspected that he committed the crime. House spent over 22 years on death row and was even “days away from being electrocuted at one point.” However, in 2009, he was exonerated.

The impact of wrongful convictions on families

Many people do not think about the many ways that a wrongful conviction can negatively impact the innocent individual and their families. Even if they are exonerated, they are usually never mentally, emotionally, or physically the same ever again. Instead, the entire family and the individual are permanently scarred and cannot get those years back. The following are a few of the negative effects that they may experience:

• They lose out on years of being there for and raising their children.
• Some families turn their back on their family member if they believe they have committed the crime.
• They lose out on years with their spouse, which may lead to divorce.
• They must pay high fines, court fees, and other hefty bills.
• They often lose their jobs and cannot help their families pay the bills.
• It can be difficult for them to enter the workforce again.
• Their relationships with loved ones are often damaged and never the same again.

Why do wrongful convictions happen?

There are many reasons why people are wrongfully convicted. However, some of the most common reasons include:

• An eyewitness mistakenly thought you were the suspect.
• You gave a false confession.
• You were in the wrong place at the wrong time.
• The officers were involved in misconduct and tried to put the crime on you.
• The officers did not fully do their job to determine if you truly committed the crime.

Post-conviction remedies for the wrongfully convicted in Knoxville, TN

After you have received your sentence, you have the option to file an appeal. However, before you start the appeals process, you must hire a strong and aggressive criminal defense attorney, such as those at Banks & Jones, to assist you with the process. Knowing that you have been wrongfully convicted, we will start by questioning the accuracy of your conviction and sentence. During this period, we will provide arguments on why we believe that you are wrongfully convicted. Our team will also collect and present as much additional evidence as possible showing that you did not commit the crime and that your sentence is inaccurate and invalid. Here are a few of the ways that we will work endlessly to identify mistakes and errors that could lead to an appeal:

• We will point out that certain evidence should never have been allowed to be used at your court hearing.
• We will explain that the sentencing you received was inappropriate for the specific crime.
• We will gather additional information and evidence that we believe was wrongfully eliminated from your court hearing.
• We will identify any false or misleading information or actions that were taken by lawyers to convict you.
• We will point out that certain instructions or statements could have confused or puzzled the jurors.
• We will also show that we are aware of the laws, and the wrong ones were applied to your case.

If you do not file an appeal, you will have one year from the date of your sentence to file a petition for post-conviction relief. Tennessee Courts explains that a:

…petition for post-conviction relief is an application to the court, filed by or on behalf of a person convicted of and sentenced for the commission of a criminal offense, that seeks to have the conviction or sentence set aside or an appeal granted on the ground or grounds that the conviction or the sentence or the denial of an appeal violated the state or federal constitution.

This gives you the opportunity to overturn your sentence and conviction. If this is denied, you may file an appeal with the Court of Criminal Appeals.

If you lose in the Court of Criminal Appeals, the next step would be to file an appeal with the Tennessee Supreme Court. The Tennessee Supreme Court can accept or deny your case. However, if it is denied, your next option would be to file a case with the United States Supreme Court.

Lastly, you have the option to file a writ of habeas corpus after you have completed each state appeal. The writ of habeas corpus petitions for “release from unlawful imprisonment.” If you can show that one of your federal constitutional rights was violated, you can file a writ of habeas corpus.

The Knoxville criminal defense attorneys at Banks & Jones believe in fighting for the freedom and innocence of our clients. Therefore, if you have been wrongfully convicted of a crime, please get in touch with an experienced, knowledgeable, and skilled defense lawyer from our firm at your earliest opportunity. Call our office or submit our contact form today, and we will set up your free and confidential consultation to help you or your loved one with their case.