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What, Exactly, Is “Prosecutorial Misconduct”? As the Supreme Court has famously written, the government’s interest in a criminal prosecution “is not that it shall win a case, but that justice…
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…
Prosecutorial Misconduct – Advanced Trial Handbook Possible courses of action if you are experiencing prosecutorial abuse or misconduct. As seen on Prosecutorial Abuse Website: Summary or Checklist of Possible Remedies…
Local NAACP Chapter Calls on Todd Spitzer to Resign, Citing DA’s Treatment of People of Color One of the nation’s oldest civil rights groups is criticizing DA Todd Spitzer for…
High-Ranking OC Prosecutor Quits, Says DA Spitzer Jeopardized Mass Shooting Prosecution A high-ranking prosecutor has quit her job of 25 years and is now joining other District Attorney staff in…
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…
2020 California Code Government Code – GOV TITLE 1 – GENERAL DIVISION 4 – PUBLIC OFFICERS AND EMPLOYEES CHAPTER 7 – Removal from Office ARTICLE 3 – Removal Other Than…
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…
Unconstitutional Prior Convictions n Johnson v. Mississippi, 486 U.S. 578 (1988), the United States Supreme Court held that Johnson’s death sentence, which was based in part on a prior conviction…
Discovery Abuse Our blog for this week discusses discovery abuse. “Discovery” is the stage in a lawsuit where parties to a case have a right to obtain evidence from opposing…