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Prosecutional Misconduct – SCOTUS Rulings re: Prosecutors Misconduct by the Prosecutor the prosecutor is a mere servant to the sovereign people to uphold the Constitution 1st and our laws 2nd,…
Malicious Prosecution / Prosecutorial Misconduct Avoid being Victims of the Justice Systems by shady prosecutors When the scales are tipped we are all in jeopardy of the injustice that follows…
What Happens If Charges Are Dropped Before Trial? If you are charged with a crime in California, you will face legal action from the state. However, not all hope is…
The Jencks Act and Defending Federal Criminal Cases The origins of this Act are in a 1957 U.S. Supreme Court case called Jencks v. United States, 353 U.S. 657 (1957).…
Reichle v. Howards (2012) – Retaliatory Prosecution Claims Against Government Officials –1st Amendment By John R. Vile In Reichle v. Howards, 566 U.S. 658 (2012), the U.S. Supreme Court held…
What is Abuse of Process? Abuse of process is the intentional misuse of legal proceedings for a wrongful or unlaProbable cause is defined as the reasonable belief, foundedwful purpose. It…
What’s the Difference between Abuse of Process and Malicious Prosecution? Which of the following cases fits into the tort of abuse of process? and… Which of the following cases fits…
VINDICTIVE AND SELECTIVE PROSECUTION WHAT IS VINDICTIVE PROSECUTION? Vindictive prosecution is when a prosecutor violates a defendant’s due process rights and if they are using their decision to prosecute the…
Hartman v. Moore (2006) – Retaliatory Prosecution Claims Against Government Officials – 1st Amendment By David L. Hudson Jr. Hartman v. Moore, 547 U.S. 250 (2006), is a decision by…
Frivolous, Meritless or Malicious Prosecution An attorney has a fiduciary duty to his client, meaning that a relation “exist between parties to a transaction wherein one of the parties is…