Convicting the Innocent
DNA Exonerations Database

Clark Jerome McMillan

First Name Clark Jerome
Last NameMcMillan
Year of Conviction1980
Year of Exoneration2002
Testing inculpated culpritCold Hit
State of ConvictionTennessee
Trial, Bench Trial, or Guilty PleaTrial
Type of CrimeRape
Death SentenceNo
Gender of ExonereeMale
Race of exonereeBlack
Type of Innocence Defense
  • Alibi
Description / Quotes from Testimony Concerning Defense

● Defendant’s girlfriend testified that she was with him the entire night when the crime occurred. ● Defendant’s sister testified that defendant was at her house the entire night when he crime occurred.

Did the defendant testify at trial?No
Types of evidence at trial
  • Eyewitness
  • Forensic Evidence
Type of Forensic Evidence
  • Serology
Types of Flawed Forensics
  • No Transcript
Identity of eyewitness
  • Cross Racial Identification
  • Victim
Multiple eyewitnesses2
Lineup Procedures
  • Lineup
  • Photo array
Suggestive Procedures

Yes ● Suggestive remarks – told victims that they made arrest “based on their description”

Unreliable Identification?

Yes ● Initial nonidentification

Quotes from testimony #2

Victim said in statement to police, “I couldn’t see very good because he made me put my jacket over my head.” She said she did not know if she could identify the attacker if she saw him.

Highest level reachedFederalHabeas
Claims Raised During All Appeals and Postconviction
  • Actual Innocence
  • Brady
  • Fabrication of Evidence
  • Ineffective Assistance of Counsel
  • Jackson Claim
  • State Law Evidence Claim
  • Suggestive Eyewitness Identification
Citations to judicial opinions

McMillan v. Barksdale, 823 F.2d. 981 (6th Cir. 1987)

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