Friday, September 24, 2021

Acceptance of a pardon is not a legal admission of guilt

Lorance v. Commandant, U.S. Disc. Barracks, 20-3055, 2021 WL 4314248 (10th Cir. Sept. 23, 2021): In an issue of first impression, the Tenth Circuit holds that the defendant’s acceptance of a presidential pardon is not a legal admission of guilt and a waiver of his habeas rights. Moreover, even though petitioner has been released, he alleges sufficient collateral consequences from his conviction so that his case is not moot. Accordingly, the panel reverses the district court’s dismissal of his federal habeas petition.