Topic
prosecutor misconduct
640 published works
Legal Profession Blog
After 40 Years, Conviction Vacated
Police and prosecutor misconduct have led the Utah Supreme Court to vacate a conviction and sentence secured in a 1985 convictionThe constitutional violations that took place during Carter’s trial and…
Legal Profession Blog
No Reasonable Apprehension Of Bias
A motion to disqualify prosecuting counsel has been denied by the Ontario Law Society Tribunal Hearing DivisionThe issues to be determined on this motion are:• Has the licensee…
EvidenceProf Blog
Supreme Judicial Court of Massachusetts Rejects Defendant’s Argument That Prosecutor Erred by Saying He “Circled the Victim Like a Shark”
By Colin Miller
In Commonwealth v. Collins, 373 N.E.2d 969 (Mass. 1978), the Supreme Judicial Court of Massachusetts reversed a defendant's murder conviction based upon the prosecutor referring to him as an "animal"…
EvidenceProf Blog
Court of Appeals of Washington Rejects Appeal, Finding the Phrase “Having a ‘Beef’ With Someone” Doesn’t Have a Racial Connotation
By Colin Miller
Does the phrase "having a 'beef' with someone" have a racial connotation? That was the question addressed by the Court of Appeals of Washington in its recent opinion in State…
EvidenceProf Blog
Supreme Court of New Mexico Reverses Defendant’s Murder Conviction Because Prosecutor Improperly Asked Why Her Six Month Old Daughter Tested Positive for Meth
By Colin Miller
A classic rule of character evidence is the "mercy rule," pursuant to which evidence of a criminal defendant's bad character can only be introduced after the defendant has presented evidence…
EvidenceProf Blog
Supreme Court of Oklahoma Suspends Prosecutor Who Spied on Jury Deliberations in Murder Trial
By Colin Miller
In a first, the Supreme Court of Oklahoma has suspended a prosecutor who spied on jury deliberations in a murder trial? So, what happened? Let's look at Tuesday's opinion of…
Sentencing Law and Policy
"Blindfolded Juries, Coerced Convictions: Why Prosecutors Often Win Before Trials Even Begin"
The title of this post is the title of this new article by Clark Neily that serves as the cover story of the latest issue of the Cato Institute's Free…
Legal Profession Blog
“I Think”
The Maine Supreme Judicial Court affirmed a domestic violence conviction, finding error that did not merit reversal in the prosecutor's closing argumentAlthough not every use of the phrase “I think”…
EvidenceProf Blog
Supreme Judicial Court of Massachusetts Finds Prosecutor Erred in Asking Jurors to Infer the Defendant Carried a Knife to the Victim’s Home Because He Was a Fisherman
By Colin Miller
According to the Supreme Judicial Court of Massachusetts, “[a]lthough a prosecutor may urge the jury to draw reasonable inferences from the evidence, a prosecutor may not engage in speculation or…
Legal Profession Blog
Prosecutor Prosecuted
A hearing is scheduled to begin tomorrow on ethics charges brought by the District of Columbia Office of Disciplinary Counsel as reported by NBC News WashingtonIn a court filing this…