Sentences with phrase «prosecutorial misconduct»
"Prosecutorial misconduct" refers to inappropriate or unethical behavior by a prosecutor during a legal case. It usually involves actions that violate the rules or principles that govern their role, such as withholding evidence, making false statements, or engaging in prejudiced or unfair practices. Full definition
All those prosecutors resigned in disgrace, for prosecutorial misconduct in another case.
firstthings.com
Perry, meanwhile, has proposed a bill to create a commission on prosecutorial misconduct for state and local prosecutors.
Although it is ever easy to play Monday - morning quarterback (especially the day after the Super Bowl), the focus on the lack of judicial sanction during the trial appears to have taken away from a more detail - driven analysis of the alleged incivility (for the most part, a strategy of alleging prosecutorial misconduct against the Crown) in relation to the elements contributing to the acquittal of Groia's client.
But the litigation was complex and protracted, and disputes arose between counsel to the point of Groia alleging serious prosecutorial misconduct by the Ontario Securities Commission prosecutors.
Prosecutorial misconduct led to Corey Williams» conviction in Louisiana.
He argued that the charges against them should be thrown out for prosecutorial misconduct as a result.
A murder charge against a Farmingdale man was dismissed mid-trial because of prosecutorial misconduct so...
«As far as I'm concerned it was prosecutorial misconduct not to present the grand jury with what he told the FBI,» said Joseph M. LaTona, another lawyer for Maziarz.
Why would the State ignore prosecutorial misconduct and refuse to consider new exonerating evidence?
She has campaigned to stop jail expansion; confront police violence; reveal prosecutorial misconduct; bring visibility to women prisoners, political prisoners, and people confined to control units; interrupt gender discrimination and bias within prisons, policing, and sentencing; challenge the human rights abuses of prisoners, former prisoners and their family members, and experiment with decarceration models for shrinking the system.
This not only permits false confessions, she says, but also makes it difficult to detect prosecutorial misconduct.
According to the court, law societies can engage in disciplinary proceedings only when prosecutorial misconduct rises to the level of «bad faith or dishonesty».
The broad - ranging recommendations of the Report regarding criminal justice reform would include prosecutorial misconduct.
Last week, Attorney General Eric Holder Jr. moved to dismiss the conviction after evidence of serious prosecutorial misconduct emerged, including the failure of prosecutors to disclose evidence that might have helped the defense.
According to this news report (12/12/06), Jones has asked the U.S. Department of Justice to investigate whether Nifong has violated the civil rights of the three lacrosse players charged in the case and to determine whether Nifong's actions constitute prosecutorial misconduct.
Panel discussion on prosecutorial misconduct featuring Bill Bastuak, Jeffrey Deskovic, and Bennett Gershman.
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.
The extraordinary prosecutorial misconduct of Christopher Parakilas prompted both an extraordinary remedy from the Connecticut Supreme Court and a pair of extraordinary legal posts from Gideon at A Public Defender and Ken at Popehat.
There was also ineffective lawyering by court - appointed counsel, possible prosecutorial misconduct — including the suppression of police audio of the manhunt for the killer that suggests the bulk of the 40 - minute chase was spent pursuing a man fitting Hernandez's description, and not De Luna's — capped off with «not very thorough» post-conviction appeals.
«By day 52 of the trial, Mr. Groia's complaints regarding the OSC prosecutors» approach to its disclosure obligations, the admissibility of documents and Mr. Felderhof's right to make full answer and defence had undeniably matured into blunt accusations of deliberate prosecutorial misconduct.»
He also made comments on the concerns about putting a chill on zealous advocacy, particularly when it comes to defence lawyers attempting to make out a case for prosecutorial misconduct.
Canadian judges are somtimes equally unforgiving where prosecutorial misconduct is involved which results in the jury hearing inadmissible evidence — see R v. Kusk, 1999 ABCA 49 — even where Charter issues are not mentioned.
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.
Groia alleged prosecutorial misconduct and invoked sarcasm and rhetoric in his frustration over Stinchcombe disclosure and how documents were entered as evidence.
In 2008, Stevens was voted out of office barely a week after being convicted of corruption (the conviction was tossed out in 2009 amid allegations of prosecutorial misconduct, and Stevens died in a plane crash the following year).
A defense attorney says Nassau prosecutors are part of an attempted police cover - up, and told acting District Attorney Madeline Singas in a letter that letting his client's drug case go to trial would be «prosecutorial misconduct.»
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.»
Yet he ignores the reality that Ms. DeAngelis» office was poorly managed, with a big case backlog and too many convictions overturned by appellate courts, some with determinations of prosecutorial misconduct.
A defense attorney says Nassau prosecutors are part of an attempted police cover - up, and told acting District Attorney Madeline Singas in a letter Thursday that letting his client's drug case go to trial would be «prosecutorial misconduct.»
Other than the proposed severance, in its 180 - page brief filed late yesterday, the government argues that all of the defendants» other, near - two - dozen motions — which include motions to change venues, suppress evidence, and dismiss charges due to «prosecutorial misconduct» related to ex-U.S. Attorney Preet Bharara's public statements — lack merit.
«It took 11 appeals to finally prove that my conviction was based on illegal identification procedures, police and prosecutorial misconduct,» Bermudez says.
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.
Stevenson alternates chapters on the shocking miscarriage of justice in McMillian's case, including police and prosecutorial misconduct, with other startling cases.
Justice Archie Campbell saw through the OSC's tactic, noting the defence «has a right to make allegations of abuse of process and prosecutorial misconduct» and he refused to kick Hryn off, noting there was a «real basis for the defence concern about Mr. Naster's failure to appreciate his duty to follow adverse rulings.
That's similar to alleging prosecutorial misconduct.
Topics in the 2016 Edition include: Special Considerations in Representing Noncitizen Defendants, Federal Firearms Offenses, International and Foreign Law, Crime in Indian Country, Federal Sex Offenses, Common Constitutional Issues that Arise During Trial, International Border - Crossing Offenses, Mental Health Issues in Federal Criminal Practice, Evidence, Prosecutorial Misconduct, Plea Agreements, the Federal Bureau of Prisons, and more!
The trial judge below held that extrinsic evidence of prosecutorial misconduct was required to establish an exception to settlement privilege.
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.
They were an unfounded, relentless personal attack on the integrity of opposing counsel, including baseless allegations of prosecutorial misconduct.
Materials are classified by the primary causes of wrongful conviction: forensics / DNA, eyewitness identification, false confessions, jailhouse informants, police or prosecutorial misconduct and ineffective representation.
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.