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prosecutor misconduct

643 published works

  1. Sentencing Law and Policy

    Two notable new article examing capital prosecutions of intellectually disabled defendants

    By Douglas Berman

    Main May 28, 2016Two notable new article examing capital prosecutions of intellectually disabled defendantsMichael Perlin, whose interesting scholarship on mental health criminal always includes an extra-fun Bob Dylan reference in…

  2. EvidenceProf Blog

    Colorado Court Finds Prosecutor Erred By Speaking to Jury in 1st Person As If He Were Victim During Opening

    By Colin Miller

    For a substantial part of his opening statement, the prosecutor assumed the identity of the victim. He began by saying, “My name is [the victim]. I was 55 years old…

  3. White Collar Crime Prof Blog

    Prosecutorial Accountability 2.0 – Green & Yaroshefsky

    By Ellen Podgor

    Check out this forthcoming article by Bruce Green and Ellen Yaroshefsky that is forthcoming in Notre Dame Law Review -  Abstract:     "This article examines prosecutors’ accountability for professional misconduct. It begins…

  4. Sentencing Law and Policy

    Graphic portrayal of the sentencing price of prosecutorial misconduct in post-Katrina shooting case

    By Douglas Berman

    Main April 20, 2016Graphic portrayal of the sentencing price of prosecutorial misconduct in post-Katrina shooting caseAs reported in this local article, headlined "Ending decade-long Danziger Bridge case, federal judge accepts…

  5. Sentencing Law and Policy

    “Everybody Talks About Prosecutorial Conduct But Nobody Does Anything About It: A 25-Year Survey of Prosecutorial Misconduct and a Viable Solution”

    By Douglas Berman

    Main April 20, 2016"Everybody Talks About Prosecutorial Conduct But Nobody Does Anything About It: A 25-Year Survey of Prosecutorial Misconduct and a Viable Solution"The title of this post is the…

  6. Legal Profession Blog

    Power Of Attorney

    By Michael Frisch

    The North Carolina State Bar has filed a complaint alleging misconduct in two criminal defense matters.In one matter, the attorney represented an incarcerated defendant facing multiple charges. It is alleged…

  7. EvidenceProf Blog

    “No Basis in Fact”: Why Thiru’s Closing in the Derrick Toomer Case Required a New Trial

    By Colin Miller

    In yesterday's episode of Undisclosed, we talked about the questionable nature of the arguments made by Deputy Attorney General Thiru Vignarajah and how similarly questionable arguments he made in the…

  8. EvidenceProf Blog

    Attorney From Maryland AG’s Office Tries to Claim Suppressed Statements in Richard Nicolas Case Weren’t Favorable

    By Colin Miller

    I've written before about the Richard Nicolas case. It's the case in which the State claimed that Richard Nicolas (1) drove his daughter Aja to the mall and got his picture…

  9. EvidenceProf Blog

    Supreme Court of Ohio Gives Slap of the Wrist to Prosecutor Who Catfished Alibi Witnesses

    By Colin Miller

    I tweeted about the Brockler case yesterday. The only thing more surprising than the shocking misconduct of the prosecutor being "disciplined" is the way in which he was "disciplined" by the court.…

  10. Legal Profession Blog

    No New Trial For Prosecutor’s Alleged Failure To Prep Witness

    By Michael Frisch

    The Minnesota Supreme Court has held  as harmless a prosecutor's failure to prepare a witness who testified regarding inadmissible evidence.Whitson argues that the prosecutor committed misconduct entitling him to a…