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UT: Death Row Inmate Wins New Hearing Because State Suppressed Benefits It Gave to Key Witnesses

UT: Death Row Inmate Wins New Hearing Because State Suppressed Benefits It Gave to Key Witnesses

by Bert | Mar 26, 2019 | Utah

Utah death row inmate Douglas Carter has a new evidentiary hearing to look forward to in light of the Utah Supreme Court’s recent opinion in his case. The opinion—which stems from Carter’s appeal of a post-conviction court’s summary denial—is a model of fairness. In...
TX: CCA Agrees Avalanche of Brady-Giglio Violations Overwhelmed Two Convictions

TX: CCA Agrees Avalanche of Brady-Giglio Violations Overwhelmed Two Convictions

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...

Common-Sense Proposition? Solicitor General Argues that, Under the Right Circumstances, Prosecutors Can Knowingly Present False Testimony

by Bert | Jan 8, 2018 | The Open File Blog

A few months ago, we published a detailed post highlighting two cases in which the Supreme Court had the opportunity to grant certiorari and “shut down judicial evasion of doctrines requiring prosecutorial accountability.” Unfortunately, the Court declined to take...

Prosecutorial Accountability Issues in Pending U.S. Supreme Court Petitions

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...
PA: Third Circuit Overturns Erie County Murder Conviction Because State Knowingly Put on Perjured Testimony

PA: Third Circuit Overturns Erie County Murder Conviction Because State Knowingly Put on Perjured Testimony

by Bert | Aug 8, 2017 | Pennsylvania

In many ways, the federal Third Circuit’s opinion last week in Haskell v. Superintendent Greene SCI was a simple and straightforward repudiation of a prosecution that purposely misled jurors and suborned perjury. And, while the court delved into some thicker questions...
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