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OR/LA: Prosecutors Mislead U.S. Supreme Court and the Public in Jury Non-Unanimity Case

OR/LA: Prosecutors Mislead U.S. Supreme Court and the Public in Jury Non-Unanimity Case

by Bert | Oct 3, 2019 | Louisiana, Oregon

In addition to run-of-the-mill misconduct, our blog often draws attention to cases in which prosecutors make questionable claims. It happens with surprising regularity; it turns out that prosecutors are often willing to take seemingly indefensible positions if it...
Hiding in Plain Sight: Prosecutors Remorselessly Flout Ethical Rules Governing Case Publicity

Hiding in Plain Sight: Prosecutors Remorselessly Flout Ethical Rules Governing Case Publicity

by Bert | Dec 21, 2018 | Louisiana

Social media certainly presents some tricky questions for lawyers, but many prosecutors around the country have hardly hesitated or bothered to ask themselves how the Rules of Professional Conduct might come into play when they publicize case-related information. The...
LA: Federal Prosecutor Disbarred for Anonymous Online Comments about Pending Cases

LA: Federal Prosecutor Disbarred for Anonymous Online Comments about Pending Cases

by OpenFile | Dec 7, 2018 | Louisiana

The Louisiana federal prosecutor known for his prolific online rants (about cases his office was prosecuting, no less) has been held to account by the state’s highest court. Six years after former senior litigation counsel Sal Perricone of the U.S. Attorney’s...
OR/LA: Racist Legacy of Non-Unanimous Jury Verdicts Also About Prosecutorial Power

OR/LA: Racist Legacy of Non-Unanimous Jury Verdicts Also About Prosecutorial Power

by Bert | Apr 25, 2018 | Louisiana, Oregon

Only two jurisdictions in the country permit a criminal conviction on the vote of a non-unanimous jury: Oregon and Louisiana. In both states, the constitutional and statutory provisions allowing just 10 of 12 jurors to send someone to prison were powered by racial...
LA: The Raging Fire of Brady Violations Continues to Burn in Louisiana; Will SCOTUS Help Put It Out?

LA: The Raging Fire of Brady Violations Continues to Burn in Louisiana; Will SCOTUS Help Put It Out?

by Bert | Apr 19, 2018 | Louisiana

Our long-running fascination with Brady violations in Louisiana—well-documented in many, many of our posts over the years—is not only based on our website’s genesis (the U.S. Supreme Court’s remarkably discouraging opinion about prosecutorial accountability in Connick...
LA: Weak Enforcement of Prosecutorial Ethics Just Got Weaker in the Nation’s Hotbed of Misconduct

LA: Weak Enforcement of Prosecutorial Ethics Just Got Weaker in the Nation’s Hotbed of Misconduct

by Bert | Oct 24, 2017 | Louisiana

Louisiana is often featured on the Open File. The jurisdiction is a hotbed of prosecutorial misconduct, and compelling stories emerge from it with regularity. In 2016, we wrote: Even casual criminal justice observers know that Louisiana has a uniquely sordid history...
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