THE OPEN FILE

Prosecutorial Misconduct and Accountability

AZ: The Juan Martinez Saga Continues

AZ: The Juan Martinez Saga Continues

It feels like there should be little left to say, but here we are again. Juan Martinez, Maricopa’s hot-shot prosecutor, is in the news. He craves the spotlight, there is no doubt about that. On March 1, the State Bar of Arizona filed a formal complaint against him...

WI: A Tip of the Hat to a Good Brady Ruling

WI: A Tip of the Hat to a Good Brady Ruling

Professor Colin Miller—of “Undisclosed” podcast fame—recently wrote an in-depth and helpful post about an important new Wisconsin Supreme Court opinion addressing the Brady doctrine. In State v. Wayerski, the court wrangled and slayed a dangerous beast we at The Open...

Will IL’s New Jailhouse Informant Law Actually Work?

Will IL’s New Jailhouse Informant Law Actually Work?

Ah, our old friend: unreliable jailhouse informant testimony. When the state’s case is based on weak evidence, when prosecutors are under added pressure to convict for, say, the murder of a cop, here it comes. Prosecutors just keep on using it. Maybe they do so...

The Trouble with Brady Lists

The Trouble with Brady Lists

There has been a more robust dialogue lately about “Brady lists”—lists of discredited police officers whom prosecutors either refuse to rely upon as witnesses or whose cases they refuse to prosecute. These lists can play an important role in ensuring that a...

MI: Court to Prosecutors: Crooked Cops are Your Problem, Too

MI: Court to Prosecutors: Crooked Cops are Your Problem, Too

A federal district court in Michigan recently made clear that when it comes to the credibility of testifying police officers, prosecutors have a constitutional responsibility to locate and disclose information that may assist the defense in impeaching them. This, of...

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