Sunday, November 12, 2023

Honesty, Ever?: Actually Innocent and the Exonerated

To: Charles J. Press
Clinical Professor of Law, U of Texas
Director, Actual Innocence Clinic  
Director, Budd Innocence Center

also sent to: Russell, Dorothy and Peyton Budd
of Budd Innocence Center
 
RE: Honesty, Ever?:  Actually Innocent and the Exonerated

From:  Dudley Sharp, independent researcher, death penalty expert, former opponent, 832-439-2113, CV at bottom  

Our Text exchange, in reverse order, the last of which Press failed to reply 

From: sharpjfa@aol.com
To: CPress@law.utexas.edu
Cc: EHarrington@law.utexas.edu, christina.dost@law.utexas.edu, ClinicalED@law.utexas.edu, TMagee@law.utexas.edu
Sent: 11/10/2023 8:20:23 AM Central Standard Time
Subject: Honesty: Actually Innocent and the Exonerated

also to: Russell, Dorothy and Peyton Budd

Prof. Press:
 
Thank you. How do you define "honesty", after you read my whole reply?:
 
I am aware of Tuley and the civil compensation code.
 
I refer you to the common perversions that define "factual/actual innocence" and "exonerated", below, as "The Death Row 'Exonerated'/'Innocent' Frauds ".
 
It appears what Texas has is this:
 
"the dismissal order is based on a motion to dismiss in which the state’s attorney states that no credible evidence exists which inculpates the defendant, and the state’s attorney states that he believes the defendant is innocent."
 
A definition which allows Texas to call your clinic and clients "actually innocent"/"exonerated" when, in fact, this, clearly, counters the famous and true investigative maxim "absence of evidence is not evidence of absence", with an added "belief" moniker that can, never, be a factual basis for a finding of actual innocence, if truth and reason are to prevail.
 
With both Texas definitions, we could be dealing with factually guilty criminals, with the truthful, rational definition, and, then, label them "exonerated" or "actually innocent" and to compensate them, because of that perverse definition, which is the same as redefining lie as truth, in such cases, if we embrace sophistry, as has become the norm  with those such as the Innocence Projects, The National Registry of Exonerations, Death Penalty Information Center and on and on, as detailed.
 
Which provides your Actual Innocence Clinic and Budd Innocence Center to be a part of these:
 
The Death Row "Exonerated"/"Innocent" Frauds 
 71-83% Error Rate in Death Row "Innocent" Claims,
Well Known Since 1998
 
With Tuley we have an actually innocent claim, supported by the actual sexual assault "victim" recanting her trial testimony, new evidence, which, proves actual innocence, in the rational, non-sophist meaning, as should be the standard but, clearly, is not the case, with you, in Texas, or many others, elsewhere, as you know (added later "and as I have proven").
 
I, simply, request that you make that clear to the public, known as simple honesty.
 
A lost cause? It has been, for decades. Hiding the truth is the standard. It would be great if you chose to break that streak.
 
Dudley Sharp
 
In a message dated 11/9/2023 7:50:20 PM Central Standard Time, CPress@law.utexas.edu writes:

]]]]Hi Dudley:  The clinic does not have it’s own definition of “actual innocence” or “exonerated”.  The terms we use are defined by Texas law.

For actual innocence, Texas law defines it as proof “by clear and convincing evidence that, despite the evidence of guilt that supports the conviction, no reasonable juror could have found the applicant guilty in light of the new evidence."    Ex parte Tuley, 109 S.W.3d 388, 392 (2003).

A person is considered “Exonerated” when he meets the statutory definitions which would entitle that person to compensation.  Here is a link to the statute which specifies when a person can be awarded compensation for a wrongful conviction:  https://statutes.capitol.texas.gov/Docs/CP/htm/CP.103.htm

Charles J. Press
pronouns: he/him/his
Clinical Professor of Law
Director  |  Actual Innocence Clinic
Director  |  Budd Innocence Center
The University of Texas at Austin  |  School of Law  
727 E. Dean Keeton St.  |  Austin, TX 78705  |  512-471-1317

From: Dudley Sharp <sharpjfa@aol.com>
Sent: Thursday, November 9, 2023 7:15 PM
To: Press, Charles <CPress@law.utexas.edu>
Cc: Harrington, Eden E <EHarrington@law.utexas.edu>; Dost, Christina <christina.dost@law.utexas.edu>; Law-Clinical Education Program <ClinicalED@law.utexas.edu>
Subject: actually innocent and exonerated

Dear Prof. Press:

Boy, this hasn't been simple.

What are the clinic's definitions of actual innocence and exonerated?

Dudley Sharp

From: EHarrington@law.utexas.edu
To: sharpjfa@aol.com, christina.dost@law.utexas.edu, ClinicalED@law.utexas.edu
Sent: 11/9/2023 4:59:56 PM Central Standard Time
Subject: RE: actually innocent and exonerated

Hi, and thank you for your interest. Please direct your questions to the director of the Actual Innocence Clinic, Professor Charles Press – his contact info is provided on the clinic website (linked below). Thanks, EH

Eden Harrington,  Associate Dean for Experiential Education,  University of Texas School of Law
(512) 232-7068
eharrington@law.utexas.edu

From: Dudley Sharp <sharpjfa@aol.com>
Sent: Thursday, November 9, 2023 4:57 PM
To: Dost, Christina <christina.dost@law.utexas.edu>; Law-Clinical Education Program <ClinicalED@law.utexas.edu>
Subject: Re: actually innocent and exonerated

Christina:

That was not my question.

To repeat:

What are the clinic's definitions of actual innocence and exonerated?

In a message dated 11/9/2023 8:37:05 AM Central Standard Time, christina.dost@law.utexas.edu writes:

Hi Dudley,

Thank you for your email. If you are interested in receiving services from our Actual Innocence Clinic, please review this website for how the clinic accepts cases.

https://law.utexas.edu/clinics/actual-innocence/contact/

Please reach out if you have further questions.

Thank you,  Christina

CHRISTINA DOST, Clinical Program Manager
The University of Texas at Austin | School of Law | 512-232-9032

From: Dudley Sharp <sharpjfa@aol.com>
Sent: Wednesday, November 8, 2023 4:46 PM
To: Law-Clinical Education Program <ClinicalED@law.utexas.edu>
Subject: actually innocent and exonerated

 To: Christina Dost

What are the clinic's definitions of actual innocence and exonerated?

Thank you.

Dudley Sharp

 
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Additional research, w/sources, w/fact checking/vetting & critical thinking, as required of everyone.  
 
The Death Penalty: Justice & Saving More Innocents
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