Ninth Circuit Solicitor Scarlett Wilson responded this afternoon to the S.C. Association of Criminal Defense Lawyers’ call for the state attorney general to investigate her office for prosecutorial misconduct. Wilson said in a prepared statement that her “office aims to ...Read More »
The U.S. Supreme Court recently addressed the duty of the prosecutor to be fair to persons charged with crimes. In Smith v. Cain, the court ruled that a prosecutor in New Orleans engaged in prosecutorial misconduct when he failed to disclose prior statements made by an eyewitness who identified Juan Smith as the person who killed five people in a 1995 shooting. Prior written interviews of the eyewitness were never produced to Smith’s attorney.
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Criminal Practice – Constitutional – Due Process – Prosecutorial Misconduct – Witness Intimidation – No Prejudice
State v. Inman Even though the prosecutor intimidated a defense witness, since the witness testified anyway, and especially since the proceeding was before a judge instead of a jury, defendant has not shown that he was prejudiced by the prosecutorial misconduct. We affirm defendant’s sentence of death for murder and two consecutive 30-year sentences for first-degree burglary and first-degree criminal sexual conduct.Read More »
man who was convicted of murder after two trials was barred from prosecution in the second trial under the Double Jeopardy Clause because of prosecutorial misconduct, the S.C. Supreme Court ruled. In a rare invocation of the clause, Jack Edward Earl Parker won reversal of his conviction by arguing that a prosecutor goaded defense counsel into moving for a mistrial during the first trial. A lawyer for Parker said the decision means his client, formerly accused of shooting and killing his sister's boyfriend, can walk free. "They can't prosecute him again on this charge," said Chief Appellate Defender Robert Dudek (pictured).Read More »
State v. Parker. Where the first trial judge ruled that prosecutorial misconduct goaded defendant into moving for a mistrial, the second trial judge erred when he denied defendant's motion to dismiss based . . .Read More »