Oklahoma Appeals Federal Ruling in Innocent Man Case
Oklahoma has appealed a federal judge’s ruling involving a man featured in a Netflix documentary. The state was ordered to either release Karl Fontenot or hold a new trial within 120 days. Fontenot is serving life in prison for the 1984 killing of an Ada, OK convenience store clerk.
In August, U.S. District Court Judge James Payne wrote an extensive order that heavily criticized prosecutors and law enforcement. In January, the Ada Police Department found hundreds of pages of documents that hadn’t been turned over to Fontenot’s lawyers. The order said that the newly discovered evidence, presented by Fontenot’s attorneys, likely would have exonerated him.
Fontenot was arrested after another man claimed he and a third person murdered Donna Haraway. Although Fontenot initially confessed, he immediately took it back and has since proclaimed his innocence. For years, Fontenot has claimed that he was coerced into confessing. He was one of the defendants profiled in the John Grisham book and Netflix documentary, “The Innocent Man.”
However, Oklahoma’s Attorney General’s Office strongly disagrees with Payne’s ruling. The state has, therefore, appealed it to the U.S. 10th Circuit Court of Appeals. Oklahoma is asking the appeals court to delay Payne’s order giving the state 120 days to retry or free Fontenot. Oklahoma claims that it’s not possible for the 10th Circuit Court of Appeals to hear the matter in 120 days. If the state is forced to free Fontenot, it would suffer “irreparable injury,” argues the Attorney General’s Office. Oklahoma also says that if the appeals court overturns Payne’s order, resources would be wasted preparing for a new trial.
Oklahoma laid out the reasons it believes the state will ultimately prevail on appeal. It also identified what it says are errors in Payne’s ruling. In particular, they argue that the court:
- Used a legally incorrect standard of review
- Failed to apply certain standards that give deference to state court decisions
- Uncritically accepted arguments and evidence presented by Fontenot’s lawyers
- Ignored facts, determined by the state court, that were not favorable to Fontenot
The state also criticized Fontenot for waiting what it considers to be an unreasonable amount of time to appeal. This delay, Oklahoma contends, would now make it difficult to come up with new evidence and witnesses for another trial. In essence, the state argues, the federal judge relied on weak evidence and incorrect legal standards.
Eddington Worley attorneys handle any type of criminal appeal in the federal courts of the United States. That includes everything from violent crimes, like murder and rape, down to white-collar crimes such as fraud. Our lawyers take defendants’ due process and other constitutional rights seriously, and we zealously defend them on appeal.
Oklahoma’s appeal of the Fontenot case is a reminder that the government doesn’t work in the interest of criminal defendants. It is also troubling that hundreds of pages of documents that could have helped Fontenot were hidden for so long. It also shows that many times, the polices – either intentionally or not – withhold what may be significant evidence.
The federal appeals courts exist, in part, to examine what happened at the trial level. Evidence that was overlooked, or not properly considered, will likely be relevant in any federal appeal. So will the standards and procedures that were used at trial, such as those concerning evidence. You need serious legal defense in the appellate court system, regardless of the charges against you. This starts with the right law firm that understands how appeals work.
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Federal appeals are complicated matters. There are detailed rules and steps that have to be correctly followed. Your appellate lawyer must present compelling arguments invoking various court decisions, statutes, and rules. And there are important time limits as well. When your rights are on the line, turn to lawyers who have the experience it takes to fight for you. Let Eddington Worley help today. Contact us for a consultation.
Source Article: https://www.enidnews.com/oklahoma/state-appeals-judge-s-order-in-innocent-man-case/article_e5e22b90-da5b-11e9-8a3a-43cf051b4ad0.html