D. Michael Risinger

Seton Hall Law School

Professor of Law

One Newark Center

Newark, NJ 07102-5210

United States

SCHOLARLY PAPERS

39

DOWNLOADS
Rank 6,759

SSRN RANKINGS

Top 6,759

in Total Papers Downloads

13,486

TOTAL CITATIONS
Rank 19,592

SSRN RANKINGS

Top 19,592

in Total Papers Citations

59

Scholarly Papers (39)

1.

Innocents Convicted: An Empirically Justified Wrongful Conviction Rate

Journal of Criminal Law and Criminology, Vol. 97, No. 3, 2007
Number of pages: 46 Posted: 20 Sep 2006 Last Revised: 05 Jun 2008
D. Michael Risinger
Seton Hall Law School
Downloads 1,529 (26,483)
Citation 22

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Criminal Law, Criminal Procedure, Wrongful Convictions, Evidence, Proof, Standard of Proof, Empirical Wrongful Conviction Rate, Actual Innocence, Unsafe Verdict

2.

Feigned Consensus: Usurping the Law in Shaken Baby Syndrome/Abusive Head Trauma Prosecutions

2019 Wisconsin Law Review 1211 (2019), Univ. of Wisconsin Legal Studies Research Paper No. 1461, 2019, Seton Hall Public Law Research Paper, Forthcoming
Number of pages: 58 Posted: 05 Feb 2019 Last Revised: 17 Jan 2020
University of Wisconsin Law School, Seton Hall Law School, Stanford University - Pediatric Radiology and Neuroradiology, Pennsylvania State University - Penn State Hershey Medical Center, University of Michigan Law School, Professor of Law, Cardozo Law School, Co Founder Innocence Project, Partner, Neufeld Scheck & Brustin and American Academy of Forensic Sciences
Downloads 1,482 (27,782)
Citation 7

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shaken baby syndrome, abusive head trauma, Daubert, expert evidence, child abuse, differential diagnosis, differential etiology

3.

The Need for a Research Culture in the Forensic Sciences

Northwestern Public Law Research Paper No. 11-20, The Pennsylvania State University Legal Studies Research Paper No. 5-2011
Number of pages: 59 Posted: 14 Feb 2011 Last Revised: 17 May 2014
University of Wisconsin-Madison, University of California, Irvine - Department of Criminology, Law and Society, University College London (UCL), Independent, West Virginia University - College of Business & Economics, California State University, East Bay, PSU - Penn State Law (University Park), Northwestern University - Pritzker School of Law, Minnesota Bureau of Criminal Apprehension, Seton Hall Law School, Independent, Indiana University and Stoney Forensic, Inc.
Downloads 1,289 (34,134)
Citation 8

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Forensic Science, Research Culture

4.

The Daubert/Kumho Implications of Observer Effects in Forensic Science: Hidden Problems of Expectation and Suggestion

California Law Review, Vol. 90, p. 1, January 2002
Number of pages: 56 Posted: 27 Feb 2002 Last Revised: 17 Sep 2021
Seton Hall Law School, Arizona State University (ASU) - Sandra Day O'Connor College of Law, University of California, Irvine - Department of Criminology, Law and Society and University of California, Riverside (UCR) - Department of Psychology
Downloads 1,218 (36,988)
Citation 8

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Evidence, experts, forensic science, observer effects, context effects, expectation, suggestion, Kumho

5.

Three Card Monte, Monty Hall, Modus Operandi and 'Offender Profiling': Some Lessons of Modern Cognitive Science for the Law of Evidence

Cardozo Law Review, Vol. 24, No. 195, 2002
Number of pages: 94 Posted: 24 Nov 2009
D. Michael Risinger and Jeffrey L. Loop
Seton Hall Law School and affiliation not provided to SSRN
Downloads 667 (84,534)
Citation 1

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Evidence, Criminal Law, Criminal Procedure, Forensic Science, Cognitive Psychology

6.

Miscarriages of Justice: A Theoretical and Practical Overview

Atlanta's John Marshall Law School Law Journal, Symposium, March 2014, Seton Hall Public Law Research Paper No. 2406595
Number of pages: 24 Posted: 11 Mar 2014
D. Michael Risinger and Lesley C. Risinger
Seton Hall Law School and Seton Hall University School of Law
Downloads 608 (95,183)

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criminal law, criminal procedure, evidence, proof, exoneration, actual innocence

7.

Cases Involving the Reliability of Handwriting Identification Expertise Since the Decision in Daubert

Tulsa Law Review, Vol. 43, No. 2, 2007
Number of pages: 120 Posted: 28 Mar 2009
D. Michael Risinger
Seton Hall Law School
Downloads 503 (120,502)

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Evidence, criminal evidence, expert evidence, scientific evidence, Daubert, Kumho Tire, legal process

8.

Bayes Wars Redivivus - An Exchange

International Commentary on Evidence, Vol. 8, No. 1, November 2010, The Pennsylvania State University Legal Studies Research Paper No. 36-2010
Number of pages: 41 Posted: 19 Nov 2010 Last Revised: 14 Nov 2012
UC Law, San Francisco, Yeshiva University - Benjamin N. Cardozo School of Law, affiliation not provided to SSRN, Seton Hall Law School, PSU - Penn State Law (University Park), Northwestern University Pritzker School of Law, University of Michigan Law School, Harvard Law School, Georgetown University Law Center and St. John's University School of Law
Downloads 485 (126,003)

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evidence, relevance, probative value, inference, Bayes' rule, likelihood ratio

9.

The NAS/NRC Report on Forensic Science: A Path Forward Fraught with Pitfalls

Utah Law Review, Forthcoming, Seton Hall Public Law Research Paper No. 1537038
Number of pages: 19 Posted: 17 Jan 2010 Last Revised: 08 Mar 2010
D. Michael Risinger
Seton Hall Law School
Downloads 471 (130,425)

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evidence, forensic evidence, scientific evidence, forensic science, criminal law, criminal procedure, NAS Report

10.

The NAS Report on Forensic Science: A Glass Nine-Tenths Full (This is About the Other Tenth)

Number of pages: 12 Posted: 23 Jul 2009 Last Revised: 09 Apr 2010
D. Michael Risinger
Seton Hall Law School
Downloads 418 (150,285)
Citation 1

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evidence, criminal practice, criminal procedure, forensic science, expert witnesses, expertise, blind testing, sequential unmasking, NAS Committee report

11.

The Five Functions of Forensic Science and the Validation Issues They Raise: A Piece to Incite Discussion on Validation

Seton Hall Public Law Research Paper
Number of pages: 17 Posted: 22 Feb 2018
D. Michael Risinger
Seton Hall Law School
Downloads 411 (153,202)

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forensic science, expert evidence, criminal trials, evidence, criminal evidence, criminal law, validity

12.

Navigating Expert Reliability: are Criminal Standards of Certainty Being Left on the Dock?

Albany Law Review, Vol. 64, No. 1, 2000
Number of pages: 51 Posted: 18 Dec 2000 Last Revised: 25 Aug 2008
D. Michael Risinger
Seton Hall Law School
Downloads 364 (175,370)
Citation 5

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13.

The Science and Law Underlying Post-Conviction Challenges to Shaken Baby Syndrome Convictions: A Response to Professor Imwinkelried

48 Seton Hall Law Review 1209 (2018), Univ. of Wisconsin Legal Studies Research Paper No. 1442, Seton Hall Public Law Research Paper
Number of pages: 19 Posted: 08 May 2018 Last Revised: 29 Aug 2018
Keith A. Findley and D. Michael Risinger
University of Wisconsin Law School and Seton Hall Law School
Downloads 342 (187,852)

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Postconviction review, SBS/AHT, shaken baby syndrome, abusive head trauma, newly discovered evidence, shifted science, flawed forensic science

14.

Innocence is Different: Taking Innocence into Account in Reforming Criminal Procedure

New York Law School Law Review, Vol. 56, No. 3, 2011, Seton Hall Public Law Research Paper No. 1783941
Number of pages: 34 Posted: 14 Mar 2011
D. Michael Risinger and Lesley C. Risinger
Seton Hall Law School and Seton Hall University School of Law
Downloads 283 (229,878)
Citation 1

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Innocence, criminal procedure, criminal law, evidence, investigating magistrate, criminal discovery, mugshot trawl search

15.

Forensic Bitemark Identification: Weak Foundations, Exaggerated Claims

Journal of Law and the Biosciences, Vol. 3, No. 3, 538-575, Temple University Legal Studies Research Paper No. 2017-23
Number of pages: 38 Posted: 05 Sep 2017 Last Revised: 28 Apr 2020
Arizona State University (ASU) - Sandra Day O'Connor College of Law, Salk Institute for Biological Studies, Harvard University - Harvard Medical School, American Academy of Forensic Sciences, Private Practice of Dentistry, State University of New York at Buffalo, State University of New York (SUNY), Johns Hopkins University - School of Hygiene and Public Health, University of California, Irvine - Department of Criminology, Law and Society, University of Arizona, Northwestern University, School of Law & American Bar Foundation, Griffith University - School of Criminology and Criminal Justice, Temple University - James E. Beasley School of Law, UC Law, San Francisco, UC Law, San Francisco, Carnegie Mellon University - H. John Heinz III School of Public Policy and Management, Duke University School of Law, Case Western Reserve University School of Law, Stanford Law School, University of California, Davis - School of Law, The Forensic Institute, University of Virginia, Tufts University, Northwestern University - Pritzker School of Law, Harvard University - Harvard Medical School, University of Wisconsin-Madison, George Washington University - Law School, New York University School of Law, Office of the Medical Examiner, Tarrant County, TX, California State University, Los Angeles, Seton Hall Law School, University of California, Berkeley - School of Public Health, Texas A&M University, University of California, Irvine - Department of Statistics, University of California, Irvine - Department of Criminology, Law and Society, San Jose State University, Northwestern University and University of New Mexico
Downloads 269 (242,207)

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admissibility, bite mark, expert evidence, forensic science

16.

Searching for Truth in the American Law of Evidence and Proof

Georgia Law Review, Vol. 47, p. 801, 2013, Seton Hall Public Law Research Paper No. 2307231
Number of pages: 35 Posted: 09 Aug 2013 Last Revised: 18 Oct 2013
D. Michael Risinger
Seton Hall Law School
Downloads 244 (267,112)

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evidence, fact, truth, federal rules of evidence, jury

17.

Whose Fault? - Daubert, the NAS Report, and the Notion of Error in Forensic Science

Fordham Urban Law Journal, Forthcoming
Number of pages: 22 Posted: 14 Dec 2010
D. Michael Risinger
Seton Hall Law School
Downloads 228 (285,386)

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Evidence, expert evidence, forensic science, criminal law, criminal procedure, law and science, litigation

18.

Off the Rails: The Surprising Story of Smith v. Rapid Transit, Inc.

Seton Hall Law School Legal Studies Research No. Forthcoming
Number of pages: 78 Posted: 20 Dec 2022
D. Michael Risinger
Seton Hall Law School
Downloads 218 (297,909)

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evidence, burden of proof, burden of production, burden of persuasion, civil procedure criminal procedure, legal history, probability, statistical proof, naked statistical proof

19.

Some Reservations About Likelihood Ratios (and Some Other Aspects of Forensic Bayesianism)

Seton Hall Public Law Research Paper No. 2020052
Number of pages: 18 Posted: 13 Mar 2012
D. Michael Risinger
Seton Hall Law School
Downloads 204 (317,275)
Citation 1

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evidence, expert evidence, scientific evidence, Bayesianism, Bayes's Theorem, statistics

20.
Downloads 202 (320,175)

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Evidence, criminal evidence, expert evidence, scientific evidence, Daubert, Kumho Tire, legal process

21.

Tragic Consequences of Deadly Dilemmas: A Response to Allen and Laudan

Seton Hall Law Review, Forthcoming
Number of pages: 32 Posted: 18 Jul 2009 Last Revised: 23 Nov 2009
D. Michael Risinger
Seton Hall Law School
Downloads 193 (333,903)

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22.

The Reliability of Latent Print Individualization: Brief of Amici Curiae Submitted on Behalf of Scientists and Scholars by the New England Innocence Project, Commonwealth v. Patterson

42(No. 1) Crim. Law Bulletin 21 (2006)
Number of pages: 19 Posted: 21 Apr 2015
New England Law | Boston, APEX Consulting, Illinois State University - Department of Politics and Government, University of California, Irvine - Department of Criminology, Law and Society, UC Law, San Francisco, Carnegie Mellon University - H. John Heinz III School of Public Policy and Management, Case Western Reserve University School of Law, Human Factors Consultants, University of Illinois at Chicago - Department of Psychology, Stanford University, University of Wisconsin-Madison, Florida International University (FIU) - College of Law, Thomas R. Kline School of Law of Duquesne University, Seton Hall Law School, University of Lethbridge and Northwestern University
Downloads 187 (343,767)

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Evidence, fingerprint identification, ACE-V methodology, latent fingerprint examiners, latent fingerprint individualization, simultaneous fingerprint impressions, expert testimony, crime laboratories

23.

The Emerging Role of Innocence Lawyer and the Need for Role-Differentiated Standards of Professional Conduct

Sarah Cooper (Ed.) Controversies in Innocence Cases in America, Forthcoming, Seton Hall Public Law Research Paper No. 2237754
Number of pages: 11 Posted: 23 Mar 2013 Last Revised: 08 Apr 2019
D. Michael Risinger and Lesley C. Risinger
Seton Hall Law School and Seton Hall University School of Law
Downloads 170 (374,242)

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criminal law, actual innocence, innocence, lawyer, professional responsibility, ethics, evidence, proof

24.

What Statisticians Can Do for Forensic Science

Seton Hall Public Law Research Paper No. 2016577
Number of pages: 6 Posted: 05 Mar 2012 Last Revised: 14 Jun 2012
D. Michael Risinger
Seton Hall Law School
Downloads 170 (374,242)

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evidence, statistics, criminal law, fingerprints, bitemarks

25.

Defining the 'Task at Hand': Non-Science Forensic Science after Kumho Tire V. Carmichael

Washington & Lee Law Review, Vol. 57, Summer 2000
Number of pages: 34 Posted: 08 Feb 2001 Last Revised: 17 Sep 2021
D. Michael Risinger
Seton Hall Law School
Downloads 170 (374,242)

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Kumho, Daubert, evidence, expert, criminal evidence, handwriting identification

26.

Against Symbolization

Seton Hall Public Law Research Paper No. 2032294
Number of pages: 9 Posted: 01 Apr 2012
D. Michael Risinger
Seton Hall Law School
Downloads 144 (430,234)

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27.

Unsafe Verdicts: The Need for Reformed Standards for the Trial and Review of Factual Innocence Claims

Houston Law Review, Forthcoming
Number of pages: 47 Posted: 29 Oct 2004 Last Revised: 25 Aug 2008
D. Michael Risinger
Seton Hall Law School
Downloads 135 (453,003)
Citation 1

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28.

At What Cost?: Blind Testing, Eyewitness Identification, and the Question of What Can and Cannot Be Counted as a Cost of Reducing Information Available for Decision

Seton Hall Public Law Research Paper No. 2361801
Number of pages: 22 Posted: 02 Dec 2013 Last Revised: 31 Jan 2014
D. Michael Risinger
Seton Hall Law School
Downloads 126 (478,666)

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Evidence, Blind testing, masking, eyewitness identification, expert evidence, lineups, criminal procedure, innocence

29.

Female Law Librarians as Pioneer Women Law Professors: A (Belated) Response to Dean Kay, with Some Suggested Additions to Her Canonical List.

Law Library Journal, v. 112 (2020), Seton Hall Public Law Research Paper Forthcoming
Number of pages: 23 Posted: 07 Jul 2020 Last Revised: 13 Oct 2020
D. Michael Risinger
Seton Hall Law School
Downloads 125 (481,645)

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Legal education, Pioneer woman law prpfessors, law librarians

30.

Guilt vs. Guiltiness: Are the Right Rules for Trying Factual Innocence Inevitably the Wrong Rules for Trying Culpability?

Seton Hall Law Review, Vol. 38, No. 3, 2008
Number of pages: 8 Posted: 24 Mar 2009
D. Michael Risinger
Seton Hall Law School
Downloads 125 (481,645)

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Evidence, trial, Evidence, criminal evidence, expert evidence, scientific evidence, adversary system, legal process

31.

The Wellses of Belleville: A Black New Jersey Family of Substance in the Nineteenth and Twentieth Centuries

Seton Hall Law School Legal Studies Research Forthcoming
Number of pages: 53 Posted: 11 Jun 2022 Last Revised: 12 Aug 2022
D. Michael Risinger
Seton Hall Law School
Downloads 116 (510,091)

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Fugitive slave act of 1850, Christiana riot, Civill War, early Black Migration, civil rights.

32.

Inquiry, Relevance, Rules of Exclusion, and Evidentiary Reform (A Contribution to a Festschrift for Margaret A. Berger)

Brooklyn Law Review, Forthcoming
Number of pages: 15 Posted: 25 Jul 2009 Last Revised: 20 Aug 2009
D. Michael Risinger
Seton Hall Law School
Downloads 106 (545,658)

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evidence, relevance, inference, naturalized epistemology

33.

Wolves and Sheep, Predators and Scavengers, or Why I Left Civil Procedure (Not with a Bang, But a Whimper)

UCLA Law Review, Vol. 60, No. 6, 2013, Seton Hall Public Law Research Paper No. 2250790
Number of pages: 31 Posted: 14 Apr 2013
D. Michael Risinger
Seton Hall Law School
Downloads 88 (617,390)
Citation 1

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civil procedure, summary judgment, class actions, counter-revolution

34.

Brief of Amici Curiae Evidence Law Professors in Support of Plaintiff-Appellant and Supporting Reversal in Wikimedia v. NSA

Number of pages: 29 Posted: 02 Nov 2020 Last Revised: 08 Dec 2020
PSU - Penn State Law (University Park), University of California, Davis - School of Law, Seton Hall Law School and University of California, Berkeley, School of Law
Downloads 79 (658,154)
Citation 1

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Standing, Daubert, Expert Testimony, Upstream Surveillance, Internet, NSA

35.

Leveraging Surprise: What Standards of Proof Imply that We Want from Jurors, and What We Should Say to Them to Get It

Seton Hall Law Review, Vol. 48, p. 965, 2018, Seton Hall Public Law Research Paper
Number of pages: 30 Posted: 20 Sep 2018
D. Michael Risinger
Seton Hall Law School
Downloads 75 (677,632)
Citation 2

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Evidence, standards of proof, probability, surprise

36.

Towards an Innocence-Centered Post-Conviction Regime in New Jersey

Seton Hall Law School Legal Studies Research Forthcoming, Seton Hall Journal of Legislation and Public Policy, volume 49, issue 1, 2025[10.60095/QPXI7657]
Number of pages: 53 Posted: 06 Mar 2025
Lesley C. Risinger and D. Michael Risinger
Seton Hall University School of Law and Seton Hall Law School
Downloads 16 (1,190,636)

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post-conviction relief, habeas corpus, wrongful convictions, innocence claims, criminal justice reform, due process, exoneration, judicial process, post-conviction discovery, finality of convictions

37.

Compensation for the Convicted Innocent in New Jersey: Problems and Recommended Solutions

Seton Hall Law School Legal Studies Research Forthcoming, Seton Hall Journal of Legislation and Public Policy, volume 49, issue 1, 2025[10.60095/BASE7964]
Number of pages: 75 Posted: 06 Mar 2025
D. Michael Risinger and Lesley C. Risinger
Seton Hall Law School and Seton Hall University School of Law
Downloads 11 (1,248,782)

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wrongful convictions, exoneration, criminal justice reform, post-conviction relief, compensation law, due process, innocence claims, Mistaken Imprisonment Act, post-conviction compensation

38.

An Innocence-Centered View of New Jersey's Post-Conviction Jurisprudence: A Symposium – Introduction to the Symposium with Illustrative Cases, and a List of Factors Contributing to the Problems of New Jersey's Post-Conviction Procedures

Seton Hall Law School Legal Studies Research Forthcoming, Seton Hall Journal of Legislation and Public Policy, volume 49, issue 1, 2025[10.60095/SZWS4989]
Number of pages: 46 Posted: 06 Mar 2025 Last Revised: 18 Mar 2025
Lesley C. Risinger and D. Michael Risinger
Seton Hall University School of Law and Seton Hall Law School
Downloads 8 (1,276,800)

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post-conviction relief, criminal procedure, innocence, criminal justice, wrongful convictions, exoneration, habeas corpus, judicial reform, due process, post-conviction discovery, innocence-centered jurisprudence, Mistaken Imprisonment Act

39.

An Innocence-Centered View of New Jersey's Post-Conviction Jurisprudence: A Symposium – The History of New Jersey's State Constitutional Guarantee Against Suspension of State Habeas Corpus and Its Unconstitutional Suspension in 2009

Seton Hall Law School Legal Studies Research Forthcoming, Seton Hall Journal of Legislation and Public Policy, volume 49, issue 1, 2025[10.60095/UUHR4471]
Number of pages: 20 Posted: 06 Mar 2025 Last Revised: 18 Mar 2025
D. Michael Risinger and Lesley C. Risinger
Seton Hall Law School and Seton Hall University School of Law
Downloads 7 (1,284,555)

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post-conviction relief, habeas corpus, criminal justice reform, innocence claims, exoneration, criminal law, due process, finality of convictions, wrongful convictions, criminal procedure