Tag Archives: Prosecutorial Misconduct

Recent court ruling recalls an old case of thwarted justice (access required)

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.

Read More »

Criminal Practice – Constitutional – Due Process – Prosecutorial Misconduct – Witness Intimidation – No Prejudice (access required)

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 »

Double jeopardy applied after solicitor ‘goaded’ mistrial, justices rule (access required)

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 »