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NM: DA’s Office Files Bar Complaint Against One of Its Own

NM: DA’s Office Files Bar Complaint Against One of Its Own

by Jane | Jul 22, 2019 | New Mexico

Long-time readers of The Open File have often heard us lament that, despite Justice Thomas’s insistence that state bars are the proper avenue for dealing with prosecutorial misconduct, bar complaints are rarely filed against prosecutors and even more rarely lead to...
LA: A Brady SOS from Louisiana to the U.S. Supreme Court

LA: A Brady SOS from Louisiana to the U.S. Supreme Court

by Bert | Jun 1, 2016 | Louisiana, The Open File Blog

Even casual criminal justice observers know that Louisiana has a uniquely sordid history when it comes to prosecutorial misconduct. On multiple occasions—as recently as March of this year, in fact—the U.S. Supreme Court has reversed Louisiana convictions while...
ME: High Court Finds Prosecutorial Misconduct, Lets Conviction Stand

ME: High Court Finds Prosecutorial Misconduct, Lets Conviction Stand

by Alec | Feb 5, 2016 | Maine

The Maine Supreme Judicial Court this week found a prosecutor, who is now a district judge, committed misconduct by making improper arguments in a 2012 murder trial, but let the conviction stand despite the prosecutor’s behavior. According to the Bangor Daily...

CA: Orange County Debacle Leads to New Law for Reporting Prosecutorial Misconduct

by Alec | Oct 16, 2015 | California, The Open File Blog

In what may be the first law of its kind to directly address what Federal Appellate Judge Alex Kozinski has called the “epidemic” of prosecutorial misconduct in the United States, the California Legislature last week passed a bill requiring a trial judge...
DC: Appeals Court Holds Ethical Duty to Disclose is Broader than Brady Standard

DC: Appeals Court Holds Ethical Duty to Disclose is Broader than Brady Standard

by Alec | May 5, 2015 | District of Columbia, The Open File Blog

A little noted decision from the District of Columbia Court of Appeals has held that the rule governing prosecutors’ ethical responsibility to disclose exculpatory evidence is significantly broader than the legal standard enshrined in the Brady line of cases. In In Re...
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