by Bert | Jan 9, 2019 | Michigan
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...
by Bert | Mar 20, 2018 | Arizona
An Arizona appellate court issued a fascinating decision earlier this month that helps break down the often-thin distinction between criminal penalties and civil sanctions. In Foor v. Smith, the court dealt with Jennifer Foor’s appeal of a superior court’s order...
by Bert | Jan 16, 2018 | Texas
After years of fighting for a new trial, Dennis Lee Allen and Stanley Mozee were finally vindicated by Texas’s highest criminal court last week. For the final years of that journey, they had an unlikely companion helping them seek relief: the Dallas County District...
by Bert | Oct 26, 2017 | Florida
Today, we take a brief look at a capital conviction in Florida that raises eyebrows. It is no secret to regular readers that death sentences often represent the prized result of prosecutions infected by State misconduct. In case after case after case after case from...
by Bert | Sep 20, 2017 | The Open File Blog
Last term, the Supreme Court addressed the prosecutorial duty to disclose exculpatory evidence, also known as the Brady rule, in just one case, Turner v. U.S. As we explained here, “the Court took a fact-specific, narrow approach” and did not address any broader legal...