The Law Society of Upper Canada's Nov. 28, 2013, appellate decision in Law Society of Upper Canada v. Groia, at paragraph 235, held that lawyers should not mount a defence based
on prosecutorial misconduct unless they are made «in good faith and have a reasonable basis.
Panel discussion
on prosecutorial misconduct featuring Bill Bastuak, Jeffrey Deskovic, and Bennett Gershman.
For the Division of Criminal Justice: City of Torrington Grand Jury investigation; investigation and prosecution of Windham County High Sheriff and two Special Deputy Sheriffs on corruption and obstruction of justice charges and expert witness
on prosecutorial misconduct allegations.
She promises to develop a Commission
on Prosecutorial Misconduct to review overturned cases, create an Integrity Officer position to review specific cases, and to the expand the Conviction Review Unit, which Thompson created to review questionable cases.
Not exact matches
In an interview with The Buffalo News last week, he accused state Attorney General Eric T. Schneiderman of «
prosecutorial misconduct» and suggested the new federal charges amount to «piling
on.»
Stevenson alternates chapters
on the shocking miscarriage of justice in McMillian's case, including police and
prosecutorial misconduct, with other startling cases.
As a recent federal ruling, U.S. v. Dicus (reducing a sentence as a sanction for
prosecutorial misconduct) proves, legal scholarship can have an impact
on the outcome of a case, even if a paper hasn't been published in a top journal.
on account of
prosecutorial misconduct at trial.
We litigate
on behalf of condemned prisoners, juvenile offenders, people wrongly convicted or charged with violent crimes, poor people denied effective representation, and others whose trials are marked by racial bias or
prosecutorial misconduct.
«The Law Society disciplinary panels were concerned here with an advocate's alleged pattern of making unfounded, personalized attacks
on the integrity of opposing counsel and baseless allegations of
prosecutorial misconduct,» wrote the court.
However, what distinguishes this case from most other disciplinary decisions
on incivility is that the alleged attacks were accusations of
prosecutorial misconduct, an issue that can and should be raised before a court, rather than personal attacks per se.
The disciplinary panel noted that Mr. Groia had conceded during the trial that he had insufficient evidence to seek a stay of proceedings
on the basis of
prosecutorial misconduct, but he nevertheless «persisted in repeating [these allegations] ad nauseum»; this drew the panel to the conclusion that Mr. Groia's real intentions were to «disrupt the orderly proceeding of the trial» and «creat [e] the conditions for the trial to collapse under its own weight» (Ibid.).
In more than 100 cases since 1980, Massachusetts courts of appeal have thrown out criminal convictions based
on prosecutorial improprieties, and in 20 of those cases they have used the words «egregious» or «
misconduct» or both to describe impropriety.