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 …

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. …

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 …

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 …

Third Circuit: Brady Claims in Habeas Petitions Timely When Filed Within One Year of Date Reason to Believe Prosecutor Violated Duty To Disclose by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Third Circuit determined that Dennis v. Sec’y, 834 F.3d 263 (3d Cir. 2016), altered …