Topic
prosecutor misconduct
643 published works
EvidenceProf Blog
Supreme Court of Arizona Holds That a Single Prosecutor’s Misconduct May be Imputed to Disqualify an Entire Prosecutor’s Office
By Colin Miller
In its opinion today in State v. Honorable James E. Marner, 2021 WL 2197962 (Ariz. 2021), the Supreme Court of Arizona addressed a question of first impression: "whether an appearance…
Legal Profession Blog
D.C. Bar Discipline In Action
Anyone who wishes to watch a District of Columbia disciplinary prosecution has the opportunity this week in a matter scheduled to commence this morning at 9 am.WUSA 9 reported on…
Sentencing Law and Policy
"Was it fair?": Second Circuit judge questions charging practices of federal prosecutor
I helpful reader alerted me to an interesting concurring opinion by Judge Jon Newman in a Second Circuit decision yesterday in US v. Dumitru, No. 19-1486-cr (2d Cir. Mar. 22,…
EvidenceProf Blog
Court of Appeals of Washington Finds No Error in Prosecutor Repeatedly Referring to Defendant as a Hornet’s Nest
By Colin Miller
Does a prosecutor commit misconduct by repeatedly referring to a defendant as "a hornet's nest?" That was the question addressed by the Court of Appeals of Washington in its recent…
Simple Justice
Short Take: The Indecent Eighth
Part of Shawn Thomason’s argument on appeal of his stalking conviction and upward departure at sentence was prosecutorial misconduct of an unusual nature. Second, Thomason argues that his conviction must…
Legal Profession Blog
Over The Line
The Massachusetts Supreme Judicial Court reversed a second degree murder conviction for prosecutorial misconduct in cross-examination of the defendant and closing argument.A primer in improper crossAs a general matter, trial…
EvidenceProf Blog
Supreme Court of Oregon Finds Prosecutor Violated Defendant’s Right to an Impartial Jury by Implying He Had Other Evidence of Guilt
By Colin Miller
The rules of evidence prevent parties from presenting a variety of different types of evidence, such as hearsay, character evidence, and evidence of the victim's sexual history. But can a…
Legal Profession Blog
False Picture Leads To New Trial
The New Jersey Supreme Court has reversed a criminal conviction due to the prosecution's 'improper exploitation" of excluded evidenceIn fulfilling the duty to seek justice, a prosecutor must refrain from…
The Wrongful Convictions Blog
Prosecutorial and Police Misconduct – A Continuing Travesty
By Phil Locke
Prosecutorial and police misconduct – we’ve been preaching about those things on this site for a long time now, and there doesn’t appear to be an end in site –…
Legal Profession Blog
Prosecutor Charged With Misleading Grand Jury Witness
The North Carolina State Bar has filed ethics charges against an Assistant United States Attorney in his investigation and prosecution of allegedly fraudulent activity by an officer of GrandSouthBank.He allegedly…