Judge Wayne Smith, a 3rd District Judge, ruled on Thursday, July 17, denying a claim for wrongful incarceration filed by Albert Ronnie Burrell, Jr. and Michael Graham, who were each convicted of 1st Degree Murder in
The Defendants brought a civil action seeking compensation for their wrongful incarceration under a state law which authorized payment of $25,000 for each year of incarceration up to 10 years. The Attorney General's Office was recused from the civil case, since it had participated in the criminal proceeding. Buddy
The statute required the Plaintiffs to prove to the court that they were factually innocent of the charges by clear and convincing evidence. Judge Wayne Smith, who presided over the case ruled that the Plaintiffs had failed to prove their factual innocence to the charges, and dismissed their suit.
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