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Creation of Prosecutorial Watchdog in New York Spotlights Distinction Between Misconduct and Unfair Conduct by Michael Berk by Michael Berk Thanks in no small part to the dedicated lobbying of people such as Jeffrey Deskovic — who spent 16 years locked up for a rape and murder he did not …
Counsel Ineffective for Failing to Move for Mistrial When Court Coerces Unanimous Verdict by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Eleventh Circuit held that a defendant did not receive effective assistance of counsel when his attorneys failed to object and move for a mistrial …
Article • February 15, 2019 • from CLN March, 2019
Bronx Prosecutors Trained to Manipulate System to Delay Trials by Matthew Clarke by Matt Clarke Recently revealed internal training documents from the Bronx District Attorney’s Office show that prosecutors are being trained in courtroom techniques designed to delay trial, undermining defendants’ speedy trial rights and extending the pretrial incarceration of …
Article • December 28, 2018 • from CLN January, 2019
Article Calls for Courts to Implement ‘Brady Violation Disclosure Letter’ System by Steve Horn by Steve Horn A draft copy of an academic article set to be published in 2019 in the Vanderbilt Law Review calls for a novel approach to chipping away at the nagging issue of Brady violations …
Article • December 28, 2018 • from CLN January, 2019
Massachusetts Supreme Court Overturns Conviction Based on Prosecutor’s False Statement During Closing Argument by Dale Chappell by Dale Chappell A prosecutor’s false statements in her closing argument in an attempt to corroborate a witness’ testimony was fatal to her case, the Supreme Judicial Court of Massachusetts held, vacating the convictions …
Article • December 5, 2018 • from CLN December, 2018
Federal Death Penalty Prosecutors Accuse One Another of Destroying Evidence and Other Misconduct in Discrimination Lawsuit by Shawn Musgrave, Brooke Williams by Shawn Musgrave and Brooke Williams, Published by Criminal Legal News with permission from The Intercept, July 18, 2018 A team of federal prosecutors charged with promoting “consistency and …
Is a Florida Chief Judge Taking Cues From a Prosecutor? by Jacqueline Azis, Somil Trivedi by Jacqueline Azis, Staff Attorney, ACLU of Florida & Somil Trivedi, Staff Attorney, ACLU Trone Center for Justice and Equality Prosecutors are some of the most powerful elected officials in our country. They decide what …
Article • October 31, 2018 • from CLN November, 2018
Kansas Supreme Court Holds Prosecutor’s Blatant Lies to Jury During Closing Argument Constituted Prosecutorial Misconduct Requiring Reversal of Murder Convictions by Dale Chappell by Dale Chappell A prosecutor’s lies amounted to prosecutorial misconduct requiring a new murder trial, the Supreme Court of Kansas held in a lengthy opinion exposing at …
Article • October 31, 2018 • from CLN November, 2018
Do Las Vegas Prosecutors Routinely Ignore Discovery Disclosure Requirements? by Matthew Clarke by Matt Clarke Attorneys for the Office of the Clark County (Nevada) Public Defender say prosecutors routinely violate state and federal laws governing the sharing of information known as “discovery.” They claim the situation is so grave that …
Article • October 25, 2018 • from CLN November, 2018
Conviction Integrity Units, Innocence Commissions Tackle Wrongful Convictions, Prosecutorial Misconduct by Steve Horn by Steve Horn Conviction integrity units, known as CIUs and sometimes referred to as conviction review units or CRUs, have in recent years become increasingly widespread in county prosecutors’ offices throughout the U.S. They sit alongside actual …
New York, Faced With Millions in Payouts for Prosecutorial Misconduct, Becomes First State to Create Oversight Commission by Derek Gilna by Derek Gilna New York Governor Mario Cuomo has signed a bill that many hope will rein in prosecutorial misconduct. New York, with 250 exonerations since 1989, has paid out …
Eric Schneiderman Pushed Laws Opposing Abuse of Women as He Stands Accused of Abusing Them Himself by Steve Horn by Steve Horn Eric Schneiderman, who resigned as New York’s Attorney General May 8, had a record of supporting legislation and criminal law enforcement to protect women from sexual abuse. However, …
Article • August 17, 2018 • from CLN September, 2018
Hawaii Supreme Court Vacates Conviction Due to Prosecutor’s Bogus Argument Attacking Defense Counsel by Matthew Clarke by Matt Clarke On May 21, 2018, the Supreme Court of Hawaii held that a prosecutor’s improper closing argument stating that defense counsel tried to get the complaining witness to commit perjury required that …
Wilson v. County of Los Angeles, CA, Complaint, Wrongful Conviction, 2018 se 2:18-cv-05775-KS Document 1 Filed 07/01/18 Page 1 of 75 Page ID # :1 1 BARRETT S. LITT, SBN 45527 Email: blitt@.kmbllaw.com 2 RONALD . KA YE, SBN 145051 Email: rok~kmbllaw.com 3 KEVIN J. aHUE, SBN 237556 KA YE, …
Sixth Circuit: Statute of Limitations for § 1983 Claim Accrues When Criminal Proceedings are Terminated by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Sixth Circuit ruled on March 15, 2018, that a claim for prosecutorial misconduct, brought by a wrongfully convicted defendant, does not …
Innocence be Damned: Prosecutors Who Disregard Justice in Push to Win at Any Cost by Dale Chappell by Dale Chappell The prosecutor’s goal “is not that it shall win a case, but that justice shall be done,” the U.S. Supreme Court declared in Berger v. United States, 295 U.S. 78 …
New Report: 60 Percent of Exonerations Stem from Official Misconduct by Steve Horn by Steve Horn The newly released 2017 edition of the National Registry of Exonerations report delivers big findings about the work done by conviction integrity units (“CIUs”), innocence projects, and what some legal experts refer to as …
Article • April 19, 2018 • from CLN May, 2018
Prosecutors’ Offices Taking Thousands in Grant Money, Fueling Crackdown on Sex Buyers by Steve Horn By Steve Horn Investigative articles published on March 24 by the Seattle-based alt-weekly The Stranger and the online publication The Intercept reveal that prosecutors’ offices in King County, Washington and nationwide have taken hundreds of …
Article • March 16, 2018 • from CLN April, 2018
Mass. Disciplines Prosecutors: No More Business as Usual by Derek Gilna by Derek Gilna Prosecutorial misconduct is considered a cancer by many criminal justice experts, eating away at the credibility, moral authority, and public support for the criminal justice system. However, the recent actions of the Massachusetts Board of Bar Overseers …
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