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Pennsylvania Supreme Court Announces Reckless Prosecutorial Misconduct Constitutes Overreaching Sufficient to Trigger Double Jeopardy Protections
by Douglas Ankney
The Supreme Court of Pennsylvania concluded that Article I, Section 10 of the Pennsylvania Constitution, prohibition against double jeopardy, bars retrial because the prosecutor’s misconduct that evinced a conscious disregard for a substantial risk of harm deprived the defendant of his right to a fair trial.
In ...
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More from this issue:
- Police Unions: Obstacles to Criminal Justice Reform and Police Accountability, by Douglas Ankney
- Fourth Circuit Announces Discretionary Conditions of Supervision Must Be Orally Pronounced at Sentencing, by Anthony Accurso
- Deal Presented by Kentucky Prosecutor Evidence of Effort to Smear Breonna Taylor, by Casey Bastian
- Attacking the Guilty Plea: Waivers, Breaches, and Getting More Time After a Successful Challenge, by Dale Chappell
- Pennsylvania Supreme Court Announces Reckless Prosecutorial Misconduct Constitutes Overreaching Sufficient to Trigger Double Jeopardy Protections, by Douglas Ankney
- The 1971 Stanford Prison Experiment Showing Authoritarian Abuse Still Relevant Today, by Michael Fortino, Ph.D
- Powerful New Tool Reveals Federal Sentencing Problems, by Dale Chappell
- Campaign Zero Advocates for Police Accountability, by Jayson Hawkins
- Sixth Circuit Finds IAC for Failure to Raise ‘Clearly Foreshadowed’ Change in Law on Appeal, by Dale Chappell
- Ninth Circuit: Use of Unconvicted Conduct Too Dissimilar to Charged Offense Violates Due Process, by Dale Chappell
- Fifth Circuit Grants Habeas Relief Because Detective’s Testimony of Witness Identification of Defendant Violates Confrontation Clause, by Dale Chappell
- Indiana Supreme Court Announces New Analytical Framework for Review of Substantive Double Jeopardy, Overruling Richardson, by Douglas Ankney
- Idaho Supreme Court Announces False Rape Allegations May Be Admitted Regardless of When Made, by Anthony Accurso
- Federal Judge Criticizes Qualified Immunity and Challenges SCOTUS to Abolish It, by Anthony Accurso
- Fifth Circuit Reverses Conviction Based on Prejudicial Prosecutorial Misconduct, by Douglas Ankney
- Arizona Supreme Court Declares Gang-Association Statute Unconstitutional, by Dale Chappell
- Mississippi Supreme Court Vacates Capital Murder Conviction Obtained With Bite Mark Comparison Evidence, by Matthew Clarke
- Eighth Circuit: Counsel Ineffective for Not Recognizing § 851 Enhancement Should Not Have Applied, by Anthony Accurso
- First Circuit: Dangerousness of Machine Guns Not Justification for Above-Guidelines Sentence, by Dale Chappell
- Eleventh Circuit: Time Served Adjustment Is Mandatory Under Sentencing Guidelines Even After Booker, by Matthew Clarke
- Kansas Supreme Court Announces Residual Clause of Law Prohibiting Knife Possession by Felons Unconstitutionally Vague, by Anthony Accurso
- Maryland Court of Appeals: Odor of Marijuana Alone Doesn’t Provide Probable Cause to Arrest and Search Person, by Anthony Accurso
- Ninth Circuit: Mere Passage of Time Doesn’t Attenuate Evidence From Initial Constitutional Violation, by Douglas Ankney
- California Court of Appeal: ‘Violent Victim Rule’ Doesn’t Require Defendant to Have Had Knowledge of Victim’s Propensity for Violence, by Douglas Ankney
- N.J. Supreme Court Announces Defendant Has Right to Question Cooperating Witness About Plea Deal and Possible Sentence Exposure Even When Witness Faced Same Exposure as Defendant, by Douglas Ankney
- Missouri Supreme Court: Circuit Court Erred in Excluding Expert Witness Testimony Regarding Accuracy of Eyewitness Identification, by Douglas Ankney
- Seventh Circuit: Solo Masturbation Near Fully Clothed and Sleeping Child Does Not Constitute Production of Child Pornography, by Anthony Accurso
- California Supreme Court Reverses Murder Conviction and Death Sentence Because Police Failed To Honor Defendant’s Request for Counsel, by Douglas Ankney
- Fourth Circuit Expands First Step Act’s ‘Covered Offense’ to All of Section 841, by Dale Chappell
- Wisconsin Supreme Court: Officers Wrongly Inventoried Vehicle for Towing, Requiring Suppression of Evidence, by Anthony Accurso
- Sixth Circuit: Michigan Courts’ Procedure Allowing Appellate Counsel’s Withdrawal Unconstitutional, by David Reutter
- Sixth Circuit Clarifies ‘Different Location’ in Robbery Guidelines Enhancement Commentary Requires More Than Herding Victims To Different Room, by Anthony Accurso
- Fed Position on Pot Pushing Vets to Black Market, by Jayson Hawkins
- Minnesota Supreme Court: Coercion Statute Unconstitutionally Overbroad, by Anthony Accurso
- Less Lethal Munitions Still Deadly, by Edward Lyon
- Is the Georgia Bureau of Investigation Ready to Investigate Arbery Cover-Up?, by Jayson Hawkins
- Blue Lives Matter More: Georgia Introduces Hate Crime Bill Designed to Protect the Cops, by Michael Fortino, Ph.D
- Promises to Defund the Police Lead to Increase in Private Security Forces on City Streets, by Casey Bastian
- The Danger of Police Dishonesty, by Jayson Hawkins
- Interrogation Via Zoom: Policing in the Age of COVID, by Jayson Hawkins
- DOJ Report: Massachusetts Narcotics Bureau Relied on Excessive Use of Force, by Kevin Bliss
- Door Bells and Funeral Bells, by Douglas Ankney
- Did Two Judges Violate Ethics in Florida Voting Rights Restoration Case?, by Casey Bastian
- Kettles Are Used for Teas, Kettling is Used for People, by Edward Lyon
- Government Treats Protesting Cities as Enemies of the State, by Kevin Bliss
- News in Brief
More from Douglas Ankney:
- 46 New York Prisoners Accuse Guards of Beatings—Even Waterboarding, Aug. 15, 2024
- New York Revises 2,772 Prisoner Disciplinary Records After Inspector General Finds Defects in Another Contraband Drug Test, Aug. 15, 2024
- Eighth Circuit: Perfect Adherence to Burdened Beliefs Not Required to Demonstrate Sincerity under RLUIPA, Aug. 15, 2024
- Fourth Circuit Revives Claim Over North Carolina Jail Suicide, Aug. 15, 2024
- Arizona Agrees to $40,000 Settlement in Suit Over Mentally Ill Prisoner’s Suicide, Aug. 15, 2024
- Fourth Circuit Chides Virginia Magistrate for Assuming Prisoners Proceed IFP, Aug. 15, 2024
- First Circuit Tolls Claim for Maine Jail Death from Date of Detainee’s Injury, Rather Than When He Died, Aug. 15, 2024
- Criminalizing Poverty Drives Mass Incarceration in Kentucky, Washington, Aug. 15, 2024
- Alaska Supreme Court Revives Prisoner’s Claim for 11-Month Solitary Confinement That DOC Admitted Was Improper, Aug. 15, 2024
- Washington Prisoner’s Sentence Vacated After Attorney Calls and Visits Were Recorded, Aug. 15, 2024
More from these topics:
- Colorado Supreme Court Announces First Degree Criminal Trespass of Dwelling Is Lesser-Included Offense of Second Degree Burglary, Explicitly Overruling Garcia, and Merger Is Remedy for Double Jeopardy Sentencing Error, July 15, 2024. Double jeopardy, Resentencing.
- SCOTUS: Reiterates Jury Verdict of Acquittal for Any Reason Bars Retrial Under Double Jeopardy Clause of Fifth Amendment, May 15, 2024. Double jeopardy.
- What Happens When Prosecutors Offer Opposing Versions of the Truth?, April 15, 2024. Prosecutor/Attorney General Misconduct, Commentary/Reviews, Prosecutorial Misconduct, Outrageous Government Misconduct, Evidence - Destruction/Fabrication/Manipulation of.
- ‘Blatant Miscarriage of Justice’: Oklahoma Man Exonerated of Wrongful Conviction After 35 Years Despite Former Prosecutor’s Attempt to Perpetuate Injustice, April 15, 2024. Wrongful Conviction, Prosecutorial Misconduct.
- Oklahoma Prisoner’s Conviction Tossed After Judge’s Affair With Prosecutor Uncovered, Feb. 1, 2024. Prosecutorial Misconduct, Appearance of Justice/Impartiality.
- New Mexico Supreme Court Clarifies When Reviewing Double Jeopardy Claims, Court to Apply Blockburger’s Strict-Elements Test or Modified Strict-Elements Test—Not Both, Jan. 15, 2024. Double jeopardy.
- Texas Court of Criminal Appeals: Trial Court Deprived Defendant of Opportunity to Present Complete Defense, June 15, 2023. Appeals/Appellate Jurisdiction, Best Evidence Rule, Evidence - Failure to Disclose, Prosecutorial Misconduct.
- New Commission in Georgia Will Discipline and Remove Prosecutors Who Are Seen as Not Tough Enough on Crime, June 15, 2023. War on Terror, Prosecutorial Vindictiveness, Prosecutorial Misconduct.
- Washington Supreme Court Announces Adoption of ‘Rule of Automatic Reversal’ When Prosecutor Flagrantly Appeals to Racial and Ethnic Bias During Voir Dire, May 15, 2023. Racial/Ethnic Bias/Profiling, Voir Dire, Prosecutorial Misconduct.
- A Quarter-Century of Injustice Ends: Norberto Peets Exonerated in the Bronx, May 9, 2023. Wrongful Conviction, Prosecutorial Misconduct.