Overview
(July 24, 2024) – Steptoe submitted an amicus brief on behalf of the Innocence Project, Inc. and the Connecticut Innocence Project to the Supreme Court of Connecticut urging reversal of Tatum v. Commissioner of Correction. On July 16, 2024, the Court issued its opinion, quoting the amicus brief and adopting several arguments set forth in the brief. The Court held that two cases, State v. Dickson and State v. Guilbert, which adopted new rules governing the admissibility of eyewitness identification evidence, applied retroactively and thus applied to Edgar Tatum’s case. The decision ensures that Mr. Tatum will receive a new trial after 30 years in prison. The Court also adopted a new rule for determining which new rules apply retroactively on collateral review of convictions.
The state's case was largely based on two cross-racial, in-court witness identifications of Mr. Tatum. Steptoe, the Innocence Project, and the Connecticut Innocence Project argued that the law and the facts of Mr. Tatum's case warranted retroactive application of the rules because the identification procedures used in his case were "fundamentally unfair" and that the rules previously adopted by the Court concerning eyewitness identification were crucial to the fairness of the criminal process. The Court agreed, stating:
We agree with the brief of the amici curiae, the Innocence Project, Inc., and the Connecticut Innocence Project, that '[t]he issue of inaccurate eyewitness identification testimony . . . strikes at the heart of whether a criminal proceeding is fair and accurate.' We therefore conclude that the rule set forth in Dickson must apply retroactively on collateral review because the rule was a result of developments in science that persuaded us to reevaluate the fundamental principles underlying eyewitness identification evidence, the application of the rule significantly improves the accuracy of the petitioner's conviction, and the petitioner advocated for the rule in his direct appeal.
– Tatum v. Comm'r of Correction, No. 20727, 2024 WL 3433265, at *10 (Conn. July 16, 2024).
The Court concluded with the statement that "[i]t is long past time that the petitioner be afforded the opportunity to challenge the procedures related to the eyewitness identification used in his criminal case." Id. at *12. The Court's holding not only helps Mr. Tatum, but also helps other defendants subjected to fundamentally unfair witness identification procedures.
Partner Jim Brochin led the Steptoe team, along with of counsel Meghan Newcomer and associates Caitlin Daday, Ida Adibi, and Meredith Lewis.
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About Steptoe
In more than 110 years of practice, Steptoe has earned an international reputation for vigorous representation of clients before governmental agencies, successful advocacy in litigation and arbitration, and creative and practical advice in structuring business transactions. Steptoe has more than 500 lawyers and other professional staff across offices in Beijing, Brussels, Chicago, Hong Kong, Houston, London, Los Angeles, New York, San Francisco, and Washington. For more information, visit www.steptoe.com.
