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Article • July 28, 2017 • from PLN August, 2017
Supreme Court Lets Prosecutors Off the Hook for Withholding Evidence by Derek Gilna by Derek Gilna In a June 22, 2017 decision, the U.S. Supreme Court declined to punish prosecutors for withholding potentially exculpatory discovery information from defense attorneys at the time of trial. In a case that was widely ...
Article • June 30, 2017 • from PLN July, 2017
Texas Fraud Prosecutions Privately Funded by Insurance Company by Matthew Clarke by Matt Clarke Texas lawmakers recently took action to address the relationship between the Texas Mutual Insurance Company (TMIC) and the Travis County District Attorney’s Office, after finding the connection between the pair was too close for comfort. Since ...
Herrera v. City of Brea, CA, Plff's Memo Opp Order SJ, Malicious Prosecution, 2015 Case 8:12-cv-01650-SS Document 109 Filed 02/17/15 Page 1 of 31 Page ID #:1996 1 John Burton, State Bar No. 86029 jb@johnburtonlaw.com 2 THE LAW OFFICES OF JOHN BURTON 4 East Holly Street, Suite 201 3 Pasadena, ...
CCA Prison Caught Recording Attorney-Client Meetings, Sharing Videos with Prosecutors by In March 2017, Special Master David R. Cohen filed a request with the U.S. District Court in Kansas, seeking to enlarge his investigation into whether the Leavenworth Detention Center (LDC) and the private contractor that operates the facility, Corrections ...
Article • April 3, 2017 • from PLN April, 2017
Innocence Project Blasts Lack of Consequences from Prosecutorial Misconduct by Derek Gilna by Derek Gilna The Innocence Project has published a report that examines the lack of consequences for prosecutors who engage in misconduct resulting in the conviction and imprisonment of innocent defendants. The non-profit organization examined court records in ...
Texas District Attorney and Prosecutor Accused, Cleared of Misconduct by Matthew Clarke In June 2015, the State Bar of Texas initiated disciplinary actions against Fort Bend County District Attorney John Francis Healey, Jr. and Assistant District Attorney Mark Harold Hanna. The disciplinary petitions filed by the State Bar Commission for ...
Maine DA Sued for Malicious Prosecution by “Absolute immunity” typically allows prosecutors to escape liability in the event of malicious prosecutions. Even when prosecutorial misconduct is exposed, the punishment is usually far less severe than that experienced by the victim of the state’s wrongdoing – such as spending many years ...
Study: 95 Percent of Elected Prosecutors are White by Joe Watson A recent study illustrates just how racially skewed the U.S. criminal justice system is with respect to its most powerful participants: prosecutors. Of 2,437 elected state and local prosecutors holding office in 2014, 95 percent were white and 79% ...
A Story of Racial Bias, the Absence of Mercy, and a Death in Prison by By Equal Justice Initiative Forty-five years after Phillip Chance traveled from his home in Detroit, Michigan to visit family in rural Choctaw, Alabama, he died in an Alabama prison. During that visit in 1971, 15-year-old Phillip ...
Texas: “San Antonio Four” Exonerated after Two Decades by In 1997, Elizabeth Ramirez, Kristie Mayhugh, Cassandra Rivera and Anna Vasquez were convicted of sexually assaulting two young girls. The women came to be known as the “San Antonio Four.” With help from the Innocence Project of Texas, all four were ...
Illinois: DNA Evidence Exonerates One Man, Implicates Another by On September 28, 2016, the Cook County State’s Attorney’s Office announced charges against convicted murderer Osborne Wade, 42, in connection with the brutal sexual assault and murder of a child in 1992. The charges followed an extensive investigation by the State’s ...
$28.1 Million Jury Award after Eighth Circuit Allows Conspiracy Claims in Nebraska Wrongful Conviction Suit by Matthew Clarke On December 31, 2015, the Eighth Circuit Court of Appeals held that six wrongfully convicted former prisoners could sue Gage County, Nebraska for conspiring to manufacture false evidence; further, law enforcement officials ...
Too Little, Too Late: Prosecutor Remorseful for Sending Innocent Man to Death Row by David Reutter The district attorney who prosecuted Glenn Ford, a Louisiana man exonerated after spending 30 years on death row, called capital punishment “an abomination that continues to scar the fibers of this society.” That statement ...
Kansas Supreme Court Modifies “Exoneration Rule” by Matthew Clarke In an opinion handed down on December 31, 2015, the Supreme Court of Kansas modified the requirement that a criminal defendant be exonerated prior to suing the attorney who represented him (the “exoneration rule”). Under the modification, reversal of a conviction ...
Article • December 8, 2016 • from PLN December, 2016
Pennsylvania: DA Apologizes for Undisclosed Gifts by Philadelphia District Attorney Seth Williams belatedly reported $160,050 in gifts from political and legal connections, raising conflict of interest concerns and prompting an August 19, 2016 apology from the prosecutor to his staff. In an email, Williams apologized for any “distractions” created by ...
Ferguson, Missouri Under Fire for Revenue-based Criminal Justice System by Christopher Zoukis Following 2014 protests in Ferguson, Missouri ignited by the killing of an unarmed black youth by a white police officer, some local law enforcement practices have been changed. The reforms were spurred, in large part, by a U.S. ...
Tennessee District Attorney Ends Sterilization in Plea Bargains; Prosecutor Fired by David Reutter The District Attorney for Davidson County, Tennessee has banned the practice of seeking sterilization as part of plea bargains in criminal cases. The policy was implemented after an assistant prosecutor refused to discuss a plea unless a ...
Widespread Failures at Crime Labs Continue to Plague Criminal Justice System by Derek Gilna Crime labs nationwide continue to face seemingly intractable problems – particularly in terms of unreliable forensic evidence testing and being influenced by law enforcement and prosecutorial bias. Despite efforts at reform, and efforts to implement technological ...
Alabama Prisoner Exonerated after Serving 30 Years on Death Row by After almost 30 years, Alabama death row prisoner Anthony Ray Hinton was freed on April 3, 2015 – at the age of 58 – when prosecutors dropped the charges against him. At the time of his release, Hinton, who ...
Wayward Prosecutors Go Unpunished as Prison Time for Victims Piles Up by by Brooke Williams & Shawn Musgrave Massachusetts prosecutors have violated defendants’ rights to a fair trial regularly and without punishment, even as wrongfully convicted victims of tainted prosecutions have spent years in prison before being freed, decades of ...
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