In re Anthony
Annotate this CaseIn 1995, Anthony was convicted of murder. In 2010, Anthony sought habeas corpus relief. The court granted the petition, finding that: the conviction was based on material false testimony; the key witness lied and subsequently recanted his identification; the district attorney did not correct false testimony and suppressed. favorable evidence, failed to correct the witness’s statement that he had not received special treatment in exchange for his testimony, withheld statements from additional witnesses, and failed to inform the defense that a witness had “incorrectly picked a ‘filler’” when first shown a photographic lineup of suspects. The court concluded that Anthony’s attorney committed multiple errors, but ruled that Anthony had failed to establish actual innocence. Charges were dismissed. Anthony sought compensation under Penal Code 4900 for erroneous conviction and incarceration. At the time, Anthony was required to prove factual innocence before the California Victim Compensation and Government Claims Board. While his claim was pending, the Legislature adopted Penal Code 1485.55, allowing any person who has prevailed in a habeas proceeding to move for a finding of factual innocence, and requiring the board to accept that finding. Anthony filed a motion pursuant to the new statute which the trial granted. The court of appeal dismissed, holding that the order granting Anthony’s section 1485.55 motion is not appealable by the People.
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