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MO: St. Louis County DA’s Office Removed from Murder Trial for Misconduct

MO: St. Louis County DA’s Office Removed from Murder Trial for Misconduct

by Alec | Apr 7, 2016 | Missouri, The Open File Blog

In a case of first impression in the state of Missouri, an appeals court has removed St. Louis County District Attorney Robert McCulloch’s office from prosecuting a murder case after a judge found prosecutors had violated the defendant’s attorney-client privilege, and...
TX: 5th Circuit Denies Prosecutor’s Appeal of Misconduct Finding, and throws out Forfeiture Because of Prosecutorial Vindictiveness

TX: 5th Circuit Denies Prosecutor’s Appeal of Misconduct Finding, and throws out Forfeiture Because of Prosecutorial Vindictiveness

by Alec | Mar 25, 2016 | Texas, The Open File Blog

In an appellate opinion notable for its extensive adjudication of several aspects of prosecutorial misconduct, the 5th Circuit has upheld a lower court finding of misconduct in a defendant’s first trial, as well as a claim of prosecutorial vindictiveness in his...
MS: Prosecutorial Overreach Causes 5th Circuit to Overturn Child Porn Conviction

MS: Prosecutorial Overreach Causes 5th Circuit to Overturn Child Porn Conviction

by Alec | Mar 16, 2016 | Mississippi

In a decision that has gone unmentioned in the press, a federal appellate court hardly known for its leniency in criminal cases–the 5th Circuit–has reversed a child pornography conviction after finding a prosecutor’s repeated vouching for witnesses...
CA: Riverside County’s Massive Wiretapping Binge Faces its First Court Challenge

CA: Riverside County’s Massive Wiretapping Binge Faces its First Court Challenge

by Alec | Mar 3, 2016 | California

In writing about prosecutorial misconduct we most often cover instances of the state’s behavior at or leading up to trial when failures to disclose exculpatory evidence, improper argument, and other issues of courtroom practice are raised on appeal. Harder to...
FL: For Second Time, High Profile Capital Conviction Overturned for Prosecutorial Misconduct

FL: For Second Time, High Profile Capital Conviction Overturned for Prosecutorial Misconduct

by Alec | Feb 24, 2016 | Florida, The Open File Blog

Last week the conviction in a high profile South Florida capital murder case that dates back to 1990 was vacated by the state supreme court owing to the “pervasiveness and the cumulative effect of the prosecutor’s numerous improper closing arguments.” It...
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