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MS: The U.S. Supreme Court Will Decide Curtis Flowers’s Case

MS: The U.S. Supreme Court Will Decide Curtis Flowers’s Case

by Bert | Nov 26, 2018 | Mississippi

An important update on the Curtis Flowers case (the petitioner we highlighted in September): two weeks ago, the U.S. Supreme Court agreed to hear the case. While this is an encouraging development—on the perhaps not-so-safe assumption that the Court will actually...
NV: Clark County DA: Racially Discriminating . . . and Losing Convictions

NV: Clark County DA: Racially Discriminating . . . and Losing Convictions

by Bert | Dec 18, 2017 | Nevada

The Constitution prohibits lawyers from excluding prospective jurors on the basis of race. This basic tenet of equal protection, enshrined in the famous case Batson v Kentucky (1986), may be unfamiliar to an entire prosecutors’ office in Clark County, Nevada. Looking...
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: Claims of Race Discrimination May Continue to Surface Long After Houston County Prosecutor Doug Valeska Is Gone

AL: Claims of Race Discrimination May Continue to Surface Long After Houston County Prosecutor Doug Valeska Is Gone

by Bert | Dec 29, 2016 | Alabama

After five terms—some 30 years—in office, the elected District Attorney of the 20th Judicial District of Alabama, Douglas Valeska, is coming to the end of his stint as DA. He chose not to run for office again, paving the way for Patrick “Pat” Jones to replace him....
AL: Repeated Prosecutorial Misconduct the Unseen Backdrop to the State’s Push to Execute Vernon Madison

AL: Repeated Prosecutorial Misconduct the Unseen Backdrop to the State’s Push to Execute Vernon Madison

by Bert | May 16, 2016 | Alabama

Last week, media provided heavy coverage to a 4-to-4 U.S. Supreme Court ruling which denied the State of Alabama’s request to lift a stay of Vernon Madison’s execution. Numerous outlets discussed how the Supreme Court’s outlook and decision-making have changed since...

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