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Showing posts from November, 2024

Supreme Court of Ohio Examines "Dark Pleas"

The Ohio Supreme had an interesting case in August examining the troubling issue of "Dark Pleas." The case involved Lamont Clark, who was convicted of murder in 1993. In 2015, he filed a motion for a new trial after it was discovered that prosecutors had removed part of a medical record containing exculpatory evidence from the alleged victim in the homicide. Before the courts could hear the motion, however, Clark was offered a plea deal that would result in his immediate release. Clark accepted the deal, in part, because his mother was gravely ill at the time. Seven years later, Clark sought to withdraw his plea on the basis that it was coerced and, therefore, not voluntary as required by law. While the Ohio Supreme Court did not accept jurisdiction in the matter, Justice Donnelly wrote a powerful dissent describing what he called "Dark Pleas" and the manner in which they subvert due-process rights.  From Judge Donnelly's dissenting opinion.  This appeal present