|
Wrongly Convicted Database Record
|
Charge: |
Murder and Robbery |
Sentence: |
26 yrs to Life imprisonment |
Years Imprisoned: |
26 |
Year Crime: |
1986 |
Year Convicted: |
1987 |
Year Cleared: |
2016 |
U.S. State or Country of Crime: |
California |
County or Region of Crime: |
Santa Barbara |
City of Crime: |
Lompoc |
Result: |
Judicially Exonerated |
Summary of Case: |
"Joel Albert Alcox was wrongly convicted in 1987 of first-degree murder, robbery and burglary in the death of a motel owner in 1987 in Lompoc, California. Alcox's prosecution was primarily based on his confession that he recanted as false because he was under the influence of LSD and had been drinking alcohol all night before he was interrogated by Lompoc police officers. After his conviction by a jury Albert Alcox was sentenced to 26 years to life in prison. Alcox's conviction was affirmed on direct appeal. Alcox filed a state post-conviction habeas petition on October 9, 2003 asserting he was factually innocent and was denied effective assistance of trial counsel, for failing to investigate or pursue his alibi defense, challenge the truthfulness of Alcox's confession, and failing to investigate evidence that could have impeached the testimony of a prosecution witness. During an evidentiary hearing Alcox's codefendant testified that Alcox was not present during the crime. The Superior Court judge granted Alcox's petition in 2005 on the basis his trial counsel provided ineffective assistance of counsel. The State appealed. On June 28, 2006 the California Court of Appeals reversed the lower court's ruling, and reinstated his conviction, stating, "This case serves as a textbook example of a court impermissibly "second-guessing" criminal defense counsel's tactical decisions." The California Supreme Court declined to review the ruling. On March 7, 2008 Alcox filed a federal habeas corpus petition. On April 24, 2009 U.S. District Court Judge James V. Selna dismissed Alcox's petition as untimely. On December 27, 2010 the U.S. Ninth Circuit Court of Appeals remanded Alcox's case for an evidentiary hearing to determine if Alcox exercised due diligence in pursuing the factual basis of his petition. After holding an evidentiary hearing, on December 5, 2012 Judge Selna again ordered dismissal of Alcox's federal habeas petition as untimely. Alcox appealed. On January 7, 2015 the Ninth Circuit unanimously reversed the district court's order, ruling that Alcox did exercise due diligence in pursuing the facts underlying his ineffective assistance of counsel claim, and he filed his petition within one year of discovering those facts. The appeals court remanded the case to the district court for review of Alcox's petition on its merits. On February 12, 2016 U.S. District Court Judge Selna accepted the recommendation of the Magistrate Judge and granted Alcox's federal petition, vacating his conviction and ordering a new trial based on the ineffective assistance of his trial lawyer. The Santa Barbara County District Attorney declined to appeal Judge Selna's ruling or retry Alcox, and the DA's motion to dismiss the charges was granted on May 11, 2016. Alcox had been released on parole in 2012, and his parole was terminated." |
Conviction Caused By: |
False confession and false testimony by a key prosecution witness. |
Innocence Proved By: |
"On February 12, 2016 U.S. District Court Judge Selna accepted the recommendation of the Magistrate Judge and granted Alcox's federal petition, vacating his conviction and ordering a new trial based on the ineffective assistance of his trial lawyer. The Santa Barbara County District Attorney declined to appeal Judge Selna's ruling or retry Alcox, and the DA's motion to dismiss the charges was granted on May 11, 2016. Alcox had been released on parole in 2012, and his parole was terminated." |
Defendant Aided By: |
|
Compensation Awarded: |
|
Was Perpetrator Identified? |
|
Age When Imprisoned: |
22 |
Age When Released: |
48 |
Sex: |
Male |
Skin/Ethnicity: |
White |
Information Source 1: |
"Joel Alcox Is Resurrected, By Tyler Hayden, Santa Barbara Independent, July 21, 2016" |
Information Location 1: |
http://www.independent.com/news/2016/jul/21/joel-alcox-resurrected/ |
Information Source 2: |
"In Re Alcox, 40 Cal. Rptr. 3d 491 (Cal. Court of Appeal, 2nd Appellate Dist., 6th Div. 2006) (Reversing Superior Court's granting of habeas petition on ineffective assistance of trial counsel.)" |
Information Location 2: |
"https://scholar.google.com/scholar_case?case=4784484784315769854&q=joel+alcox&hl=en&as_sdt=6,48" |
Information Source 3: |
"Alcox v. Hartley, 614 F. Supp. 2d 1064 (Dist. Court, CD California 2009) (Recommending dismissal of Alcox's federal habeas petition based on being filed after one year deadline under AEDPA.)" |
Information Location 3: |
"https://scholar.google.com/scholar_case?case=3250986230806832414&q=joel+alcox&hl=en&as_sdt=6,48" |
Information Source 4: |
"Alcox v. Beard, Court of Appeals, No. 12-57309 (9th Circuit 2015) (Unpublished Memorandum) (Reversing district court's ruling that the filing of Alcox's habeas petition was untimely, and remanding for reviewing his petition on its merits.)" |
Information Location 4: |
"https://scholar.google.com/scholar_case?case=3012899578962055217&q=joel+alcox&hl=en&as_sdt=6,48" |
Information Source 5: |
|
Information Location 5: |
|
Book About Case: |
|
Book Information: |
|
Book About Case (2): |
|
Book Information (2): |
|
Movie About Case: |
|
Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org