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Article • August 3, 2022
Death Penalty Reversals Tied to Prosecutor Misconduct in at Least 5% of Cases by Jo Ellen Nott by Jo Ellen Nott On July 5, 2022, the Death Penalty Information Center reported that 5.6% of all death penalty sentences in the last 50 years were reversed because of prosecutor misconduct. That …
Article • July 15, 2022 • from CLN August, 2022
Filed under: Ethical Restraints
Quattrone Center Reveals Lack of Transparency Concerning Prosecutorial Misconduct Claims Report identifies over 7,000 instances of state attorney conduct that ‘did not comport’ with ethical, procedural, or legal rules by Casey Bastian by Casey J. Bastian Prosecutors are charged with the solemn duty to ensure our criminal justice systems function …
Article • July 15, 2022 • from CLN August, 2022
Colorado Supreme Court Announces ‘Reasonable Likelihood’ Framework for Determining Whether Trial Court’s Comments to Prospective Jurors Lowered Prosecution’s Burden of Proof by Douglas Ankney by Douglas Ankney In companion cases, the Supreme Court of Colorado adopted the functional “reasonable likelihood” framework for determining whether a trial court’s comments to prospective …
Article • June 15, 2022 • from CLN July, 2022
Seventh Circuit: District Court’s Failure to Exercise Discretion After Erroneously Finding Defendant Ineligible for Relief Under First Step Act Was Abuse of Discretion by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit ruled that the U.S. District Court for the Northern District of Illinois …
Iowa Supreme Court Reverses Conviction Where Prosecutor Allowed to Amend Trial Information at Trial to Charge a ‘Wholly New and Different Offense’ by David Reutter by David M. Reutter The Supreme Court of Iowa reversed a conviction where the trial court allowed the prosecutor to amend an information at trial …
Article • March 15, 2022 • from CLN April, 2022
Systematic Lying in Plea Bargaining Is a Feature, Not a Flaw by David Reutter by David M. Reutter Systematic “lying at plea bargaining allows defendants the opportunity to negotiate fair resolutions to their cases in the face of a deeply unfair system, even as that lying makes way for—and sustains—the …
Article • January 15, 2022 • from CLN February, 2022
Why Punishing Bad Prosecutors Won’t Fix a Bad System by James Doyle by James M. Doyle, The Crime Report  After 50 years of representing indigent defendants in urban criminal courts I have no objection to seeing prosecutors disciplined for their misconduct. As a matter of fact, I find the prospect delectable. …
Article • December 15, 2021 • from CLN January, 2022
Hawai’i Supreme Court: Prosecutor’s Cumulative Misconduct Deprived Defendant of a Fair Trial, Vacates Denial of Motion for New Trial by Douglas Ankney by Douglas Ankney The Supreme Court of Hawai’i vacated the judgment of the Intermediate Court of Appeals (“ICA”) that held a prosecutor’s cumulative misconduct was harmless. Matthew K. …
Tenth Circuit Rejects Qualified Immunity for Prosecutor Alleged to Have Fabricated Evidence, Despite no Previous Case with Materially Similar Facts by Douglas Ankney by Douglas Ankney  The U.S. Court of Appeals for the Tenth Circuit reversed the U.S. District Court for the District of Utah’s decision finding a prosecutor was …
Article • October 15, 2021 • from CLN November, 2021
Filed under: Improper Comments
Arizona Supreme Court Clarifies Proper Fundamental Error Review Applicable to Allegation of a Single, Unobjected-to Instance of Prosecutorial Misconduct by Douglas Ankney by Douglas Ankney The Supreme Court of Arizona clarified the error review that is applicable when an appellant alleges a single instance of prosecutorial misconduct and no objection …
Article • September 15, 2021 • from CLN October, 2021
Arizona Supreme Court: Trial Courts Have Broad Discretion to Disqualify Entire Prosecutor’s Office Based on Appearance of Impropriety by Douglas Ankney by Douglas Ankney  In a case of first impression, the Supreme Court of Arizona held that trial courts have broad discretion to vicariously disqualify a prosecutor’s office based on …
Article • September 15, 2021 • from CLN October, 2021
Study: Innocent Children Likely to Plead Guilty by David Reutter by David M. Reutter The developmentally immature decision-making decisions of child defendants makes them “likely to be systematically pleading guilty to crimes that they did not commit in predictable circumstances,” concluded a study by Rebecca K. Helm from England’s University …
Article • August 20, 2021
EFF To Google: Stop Rolling Over For Law Enforcement 'Geofencing' by With a market capitalization as of August 2021 of over $1.8 trillion, Alphabet—the parent company of Google—is worth more than the annual economic output of all but nine countries. The firm, which unlocks the Internet to most U.S. users, …
Article • August 15, 2021 • from CLN September, 2021
Trial Penalty: The Harm in Coercive Prosecutorial Tactics and Plea Bargains by David Reutter by David M. Reutter "Representative government and trial by jury are the heart and lungs of liberty. Without them we have no other fortification against being ridden like horses, fleeced like sheep, worked like cattle, and …
Article • June 15, 2021 • from CLN July, 2021
Deliberately Convicting the Innocent: Exonerations Expose the Criminal Justice System’s Callous Indifference Toward Official Misconduct by Douglas Ankney by Douglas Ankney In 1987, in Williamson County, Texas, 32-year-old Michael Morton was sentenced to life in prison for murdering his 31-year-old wife, Christine. The young mother of a three-year-old son had …
Publication • 2021
Filed under: Plea Bargaining
How to Be a Better Plea Bargainer HOW TO BE A BETTER PLEA BARGAINER Cynthia Alkon* and Andrea Kupfer Schneider** INTRODUCTION You are a public defender or a prosecutor and have a pile of cases to handle in court today. All of the parties involved, including the judge, expect most …
Article • May 15, 2021 • from CLN June, 2021
Extreme Prosecutorial Misconduct Results in Wrist Slap by Edward Lyon by Ed Lyon There is evidence of legal systems, considered primitive by some, that have required a false accuser to face the same punishment the falsely accused would have had to suffer had the false accusations resulted in a conviction. …
Article • March 15, 2021 • from CLN April, 2021
Kentucky Supreme Court Reverses Murder Convictions Due to ‘Flagrant Prosecutorial Misconduct’ in Misleading Jury by Matthew Clarke by Matt Clarke The Supreme Court of Kentucky reversed a woman’s convictions for first and second-degree arson and six counts of attempted murder, four of which were enhanced as hate crimes, because the …
Article • December 15, 2020 • from CLN January, 2021
Ninth Circuit Reiterates Presumption of Innocence Remains Until Conviction, Grants Habeas Relief by Dale Chappell by Dale Chappell The U.S. Court of Appeals held that a prosecutor’s repeated statements to a jury that a defendant wasn’t presumed innocent violated the Constitution’s Due Process Clause and granted habeas relief. The case …
Article • December 15, 2020 • from CLN January, 2021
Filed under: Plea Bargaining
Law Review Article: Plea Bargains Lack Transparency by David Reutter by David M. Reutter More can be done to enhance the documentation and transparency in plea bargaining, argues Jenia I. Turner’s article in the Notre Dame Law Review. The article reviewed the plea bargaining laws and practices in the U.S. …
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