Jimmie “Chris” Duncan, along with his family, on Louisiana’s death row. (Image courtesy of the Duncan family).

Jimmie Christian Duncan learned in April 2025 that a Louisiana judge had dismissed his capital murder conviction and he would no longer face the prospect of execution. In 1998, a jury convicted Duncan of murdering his girlfriend’s 23-month-old daughter, and he had been on death row ever since.

Louisiana has a long and troubled death penalty history. From 1976 to 2015, 80% of the state’s capital sentences were reversed on appeal, and 12 people have been exonerated from its death row.

But the Bayou State is not the only death penalty state with a wrongful conviction problem. Death row exonerations – when someone is released after being sentenced – have become more common in the United States. More than 200 people have been freed in the past half-century.

DNA evidence has been involved in only a handful of those cases, but not Duncan’s. Most of the others have happened when defense lawyers discovered new evidence of faulty eyewitness identification, or when prosecutorial misconduct cast doubt on the legality of the conviction.

Duncan’s case stands out because it was the first successful use of Louisiana’s 2021 factual innocence statute. Under that law, reconsideration of convictions can be based on new facts rather than just constitutional or legal violations of a defendant’s rights.

As Louisiana District Judge Alvin Sharp explained in his April 2025 opinion in Duncan’s case, “To possibly be successful on a ‘factual innocence’ claim, a Petitioner shall present new, reliable, and non-cumulative evidence that would be legally admissible at trial and that was not known or discoverable at or prior to trial…”

In overturning Duncan’s conviction, Sharp highlighted new understandings about the unreliability of so-called

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