Elaine Davis v. United States

1 Davis’s convictions for health care fraud and conspiracy to commit health care fraud (18 U.S.C § 1347) were reversed by the United States Court of Appeals for the Fifth Circuit, because of the insufficiency of the Government’s evidence. Imprisoned during her appeal, she sought compensation under 28 U.S.C § 2513 (the “Unjust Conviction and Imprisonment” statute).1 The Fifth Circuit rejected Davis’s appeal of the denial of her claim, because she did not affirmatively show that she did not commit any of the acts charged, i.e., she was not “innocent,” only “not guilty.” This holding presents the following issue: 1. Whether 28 U.S.C. § 2513’s requirement that a defendant acquitted because of insufficient evidence must affirmatively disprove the factual allegations of an indictment before obtaining compensation from the Government is contrary to the Due Process Clause of the Fifth Amendment, because it negates the presumption of innocence. 1 The caption of the case contains the names of all the parties to the proceeding in the court whose judgment is sought to be reviewed.