Skip to main content

Topic

prosecutor misconduct

643 published works

  1. 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…

  2. Legal Profession Blog

    D.C. Bar Discipline In Action

    By Michael Frisch

    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…

  3. Sentencing Law and Policy

    "Was it fair?": Second Circuit judge questions charging practices of federal prosecutor

    By Douglas Berman

    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,…

  4. 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…

  5. Simple Justice

    Short Take: The Indecent Eighth

    By Scott Greenfield

    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…

  6. Legal Profession Blog

    Over The Line

    By Michael Frisch

    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…

  7. 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…

  8. Legal Profession Blog

    False Picture Leads To New Trial

    By Michael Frisch

    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…

  9. 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 –…

  10. Legal Profession Blog

    Prosecutor Charged With Misleading Grand Jury Witness

    By Michael Frisch

    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…