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Brief • July 23, 2025
Johnson v. Dunn, AL, Sanctions Order, Fabricating Citations, 2025 Case 2:21-cv-01701-AMM Document 204 Filed 07/23/25 FILED Page 1 of 51 2025 Jul-23 PM 03:03 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION FRANKIE JOHNSON, Plaintiff, v. JEFFERSON S. DUNN, et al., Defendants. …
Hawai’i Supreme Court Reverses Murder Conviction for Prosecutorial Misconduct Based on Prosecution’s Improper Statements During Closing Arguments by Sam Rutherford by Sam Rutherford The Supreme Court of Hawai’i reversed a murder conviction for prosecutorial misconduct where a deputy prosecutor described the defendant as a liar and inserted personal opinions concerning …
Las Vegas Jury Finds Detectives Fabricated Evidence Against Woman Who Spent 15 Years in Prison for Murder and Awards Her $34 Million by James Mills by James Mills A Nevada jury ruled that two Las Vegas homicide detectives fabricated evidence against a local woman in a 2001 murder. Kirstin “Blaise” …
Article • September 1, 2024 • from CLN September, 2024
Law Review Article Reports Metadata on Victims of Coercive Plea Bargaining by Matthew Clarke by Matt Clarke An article published in the American University Law Review examines victims of coercive plea bargaining using extensive data from psychological studies and surveys. In doing so, it goes beyond the obvious victims—innocent defendants …
Reform-Minded Prosecutors Face Backlash for Prosecuting Bad Cops by Sam Rutherford by Sam Rutherford   In the wake of the Black Lives Matter movement spurred by the police-involved killing of George Floyd, citizens across the country elected reform-minded prosecutors who ran on platforms promising accountability for police who break the …
What Happens When Prosecutors Offer Opposing Versions of the Truth? by Ken Armstrong by Ken Armstrong, ProPublica An unusual recent court decision offered harsh criticism of a behavior that has left dozens of men condemned to death since the 1970s, spotlighting cases where prosecutors offered claims that contradicted what they …
Article • April 15, 2024 • from CLN April, 2024
‘Blatant Miscarriage of Justice’: Oklahoma Man Exonerated of Wrongful Conviction After 35 Years Despite Former Prosecutor’s Attempt to Perpetuate Injustice by Douglas Ankney by Douglas Ankney Perry Lott was exonerated in Ada, Oklahoma, of a 1987 rape and burglary conviction after 35 years—30 of which Lott spent in prison—in spite …
Fourth Circuit: Defendant Entitled to Discovery and Evidentiary Hearing on § 2255 Petition to Withdraw Guilty Plea Because It Was Not Knowingly and Voluntarily Made by Richard Resch by Richard Resch The U.S. Court of Appeals for the Fourth Circuit vacated the U.S. District Court for the District of Maryland’s …
Article • March 15, 2024 • from CLN March, 2024
Minnesota Supreme Court Holds Prosecutor’s Repeated Statements During Closing Arguments That Defendant ‘No Longer Has Presumption of Innocence’ Constitutes Plain Error, Requiring a New Trial by David Reutter by David M. Reutter The Supreme Court of Minnesota held that the prosecution committed plain error by repeatedly telling the jury during …
Article • February 15, 2024 • from CLN February, 2024
Pennsylvania Supreme Court: Testimonial References to Post-Arrest Silence Cannot Be Used Against Defendant at Trial, Pre-Arrest Harmless Error Analysis Does Not Apply by Anthony Accurso by Anthony W. Accurso The Supreme Court of Pennsylvania reversed a defendant’s conviction in which his post-arrest silence was mentioned multiple times at trial, and …
Article • October 1, 2023 • from CLN October, 2023
Texas Court of Criminal Appeals Holds Granting Motion for New Trial Because ‘Verdict Is Contrary to Law and Evidence,’ Without Further Explanation, Bars Retrial by Matthew Clarke by Matt Clarke In a case of first impression, the Court of Criminal Appeals of Texas held that granting a motion for new trial …
Article • October 1, 2023 • from CLN October, 2023
Filed under: Plea Bargaining
American Bar Association’s 2023 Plea Bargain Task Force Report by Carlo Difundo by Carlos DiFundo Trial by jury is thought by some to be a pivotal part of democracy, yet it is disappearing. For example, Texas, New York, and Pennsylvania have trial rates below 3%. Similarly, in the federal courts …
Article • June 15, 2023 • from CLN July, 2023
New Commission in Georgia Will Discipline and Remove Prosecutors Who Are Seen as Not Tough Enough on Crime by Jo Ellen Nott by Jo Ellen Nott Republican Governor Brian Kemp of Georgia signed into law Senate Bill 92 (“SB 92”) on May 5, 2023, creating the Prosecuting Attorneys Qualifications Commission …
Texas Court of Criminal Appeals: Trial Court Deprived Defendant of Opportunity to Present Complete Defense by Douglas Ankney by Douglas Ankney  The Court of Criminal Appeals of Texas held that the trial court erred when it prohibited William Rogers from presenting evidence to support his claim of self-defense and also …
Article • May 15, 2023 • from CLN June, 2023
Washington Supreme Court Announces Adoption of ‘Rule of Automatic Reversal’ When Prosecutor Flagrantly Appeals to Racial and Ethnic Bias During Voir Dire by Mark Wilson by Mark Wilson The Supreme Court of Washington, sitting en banc, announced a new rule for situations involving flagrant appeals to racial and ethnic bias …
Article • May 9, 2023
A Quarter-Century of Injustice Ends: Norberto Peets Exonerated in the Bronx by After enduring 26 years of wrongful incarceration, Norberto Peets has finally been exonerated, shedding light on the profound failures within the criminal justice system. Peets’ case stands as a stark reminder of the injustices that can occur when …
Article • March 15, 2023 • from CLN April, 2023
The Power of the Prosecutor in America: Abuse, Misconduct, Unaccountability, and Miscarriages of Justice by Casey Bastian by Casey J. Bastian The prosecutor has more control over life, liberty and reputation than any other person in America. – Robert Jackson, Former U.S. Attorney (1940) To many people, prosecutors are viewed …
Article • December 15, 2022 • from CLN January, 2023
Eighth Circuit: District Court Erred in Denying Government’s Motion to Dismiss Charges as Part of Plea Agreement by David Reutter by David M. Reutter The U.S. Court of Appeals for the Eighth Circuit held that the U.S. District Court for the District of South Dakota abused its discretion in rejecting …
Brief • December 12, 2022
Fatai v. City and County of Honolulu, HI, Memorandum Response in Opposition to Dft's Partial MSJ, Fabrication of Evidence, 2022 Case 1:19-cv-00603-DKW-WRP Document 293 Filed 12/12/22 Page 1 of 33 PageID.4958 JENNIFER BROWN, #10885 P.O. Box 8415 Honolulu, HI 96830 (808) 554-5576 jenlbrownlaw@gmail.com DAVID B. OWENS* LOEVY & LOEVY (312) …
Article • November 15, 2022 • from CLN December, 2022
Prosecutorial Misconduct Cause of More Than 550 Death Penalty Reversals and Exonerations by Jacob Barrett by Jacob Barrett A study by the Death Penalty Information Center (“DPIC”) found more than 550 death penalty reversals and exonerations were the result of extensive prosecutorial misconduct. DPIC reviewed and identified cases since the …
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