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AL: Court of Criminal Appeals Affirms Dismissal of Murder Charges Against George Martin

AL: Court of Criminal Appeals Affirms Dismissal of Murder Charges Against George Martin

by Bert | Feb 1, 2018 | Alabama

In mid-December, the Alabama Court of Criminal Appeals affirmed a lower court’s decision to dismiss the murder indictment against George Martin because of extensive prosecutorial misconduct. We have featured Mr. Martin’s case a couple of times before, once when the...
AL: U.S. Supreme Court Approves Alabama’s Plan to Execute Vernon Madison

AL: U.S. Supreme Court Approves Alabama’s Plan to Execute Vernon Madison

by Bert | Jan 17, 2018 | Alabama

The Open File has previously covered Vernon Madison’s case on two occasions, and we now provide this (overdue) update. In our last post about the case, we brought attention to an Eleventh Circuit decision that—temporarily, it turns out—spared Mr. Madison from...
What Does It Take to Enforce Batson? When Written Proof of Prosecutors’ Discriminatory Motives for Striking Jurors Still Isn’t Enough

What Does It Take to Enforce Batson? When Written Proof of Prosecutors’ Discriminatory Motives for Striking Jurors Still Isn’t Enough

by Bert | Nov 20, 2017 | Alabama

It’s no secret prosecutors accused of discriminating against prospective jurors in jury selection usually get away with excluding the jurors they do not want to serve. What is remarkable, however, is that even prosecutors who document plans to strike jurors on the...
AL: 11th Circuit “Very Disturbed” By Former Prosecutor’s Blatant Misconduct and “Deeply Disappointed” in DA Office’s Lies… But Leaves Capital Conviction Intact

AL: 11th Circuit “Very Disturbed” By Former Prosecutor’s Blatant Misconduct and “Deeply Disappointed” in DA Office’s Lies… But Leaves Capital Conviction Intact

by Bert | Nov 9, 2017 | Alabama

It is difficult to let too many months pass without wading into the cesspool of prosecutorial misconduct that District Attorney Douglas Valeska cultivated for some 30 years. In the 20th Judicial Circuit of Alabama (covering Houston and Henry counties), Valeska’s 2016...
AL: Court Spares Vernon Madison from Execution Due to His Incompetence, but Why Didn’t the Prosecution?

AL: Court Spares Vernon Madison from Execution Due to His Incompetence, but Why Didn’t the Prosecution?

by Bert | Mar 22, 2017 | Alabama

Last week, the Eleventh Circuit decided the case of Vernon Madison—a man whose execution the court had stayed hours before it was set to take place last May in order to deal with urgent questions pertaining to his competency. The court determined that Mr. Madison is...
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