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California Felonizes Some Prosecutorial Misconduct
by Matt Clarke
On September 30, 2016, California Governor Jerry Brown signed into law a bill that was introduced by Assemblywoman Patty Lopez (D-San Fernando), felonizing some prosecutorial misconduct. Under the new law, a prosecutor can be sentenced to up to three years in prison for altering or intentionally withholding ...
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More from this issue:
- Absurd, Abusive, and Outrageous: The Creation of Crime and Criminals in America, by Christopher Zoukis
- Study’s Data Show Racial Disparity in Plea Bargaining Outcomes, by Derek Gilna
- Missouri Supreme Court Holds Probation Revocation for Nonpayment of Court Costs Unconstitutional, by Mark Wilson
- Evidence Scandal Leads to the Dismissal of over 140 Texas Criminal Cases, by Matthew Clarke
- Fourth Circuit Holds Supervised Release Revocation Sentence Unreasonable, by Christopher Zoukis
- Urban Institute Releases Report Detailing the Effects of Criminal Background Checks on Employment, by Derek Gilna
- California SVP Determination Based on Hearsay Evidence Reversed, by Mark Wilson
- Alford Pleas: Prosecutors’ Choice for the Wrongfully Convicted, by David Reutter
- Eighth Circuit: Warrantless Seizure of Handgun Not Permitted under Plain View Doctrine, by Mark Wilson
- News in Brief
- Oregon Supreme Court Rules No Vindictiveness in Resentencing Where Longer Term for Specific Conviction but Overall Multi-Conviction Sentence Shorter, by Mark Wilson
- Seventh Circuit: Violent Cop’s Below-Guideline Sentence Not Justified, Again, by Mark Wilson
- Unloaded Firearm in Zipped Case Is Not “Deadly Weapon” under Oregon’s First-Degree Burglary Statute, by Mark Wilson
- D.C. Court of Appeals Rules Warrantless Use of Stingray Device Constitutes Unlawful Search and Reverses Defendant’s Convictions, by Richard Resch
- Eleventh Circuit Holds Defendants Voluntarily Consented to Search in Police Ruse to Search Home Purportedly to Investigate Burglary, by David Reutter
- Pennsylvania Supreme Court Rules State Sex Offender Registration Law Violates Ex Post Facto Clause, by David Reutter
- Georgia Supreme Court Rules Flipping the Bird Is Not Disorderly Conduct, by Christopher Zoukis
- New Study: “Broken Windows” Policing May Not Be as Effective as Thought, by Christopher Zoukis
- California Felonizes Some Prosecutorial Misconduct, by Matthew Clarke
- Ninth Circuit Concludes Mandatory Supervision Akin to Parole for Fourth Amendment Analysis, by Mark Wilson
- Proof of Law Enforcement Duty Is Primary Job to Establish Peace Officer Status, by David Reutter
- Oregon Enacts Law Requiring Grand Jury Testimony to Be Recorded—Finally!, by Mark Wilson
- Georgia Supreme Court Tosses DUI Conviction Based on Officer’s Testimony of Impairment, by Christopher Zoukis
- Third Circuit Holds Habeas Petitioner’s Claim Based on Prosecutor Knowingly Using Perjured Testimony Not Subject to Brecht “Actual Prejudice” Standard, by Richard Resch
- Nevada Supreme Court: Mistrial Due to Egregious and Improper Conduct by Prosecutor Bars Retrial, by Christopher Zoukis
- Several States Bar Landlords from Automatically Denying Housing to Felons
- Habeas Hints: SCOTUS Review 2016–17, by Tara Hoveland, Kent Russell
- Fourth Circuit Holds North Carolina Sex Offender Restrictions Unconstitutional, by Matthew Clarke
- Colorado Supreme Court Rules That Criminal Trespass Is a Lesser Included Offense of Burglary, by Christopher Zoukis
- Colorado Supreme Court Rules That Unlawful Sexual Contact Is a Lesser Included Offense of Sexual Assault, by Christopher Zoukis
- Kentucky Court Rules Death Penalty Statute Applied to Defendant under 21 Years Old Unconstitutional, by Mark Wilson
More from Matthew Clarke:
- DOJ Finds “Horrific and Inhumane” Conditions in Georgia Prisons, March 1, 2025
- Sixth Circuit Upholds $6.4 Million Jury Award Against Corizon Nurses For Michigan Jail Prisoner’s Fatal Alcohol Withdrawal, March 1, 2025
- En Banc Fifth Circuit Reverses Panel, Holds Mississippi Felon Disenfranchisement Does Not Violate Eighth Amendment, March 1, 2025
- USDC (D. Oregon), Case No. 6:22-cv-00451, Feb. 15, 2025
- Legal Gaffe Prolongs Case of Former St. Louis Detainee Held Eight Months After Dismissal of Charges, Feb. 15, 2025
- Among World Nations, Individual U.S. States Near Top of List for Per Capita Incarceration, Feb. 15, 2025
- DOJ Settles Complaints About Conditions for Disabled Detroit Jail Detainees, Feb. 15, 2025
- New York Prison Officials Found Routinely Violating HALT Act With Overuse of Solitary Confinement, Feb. 15, 2025
- Historic $7 Million Settlement in Lawsuit Over Michigan Jail Prisoner’s Fatal Beating, Feb. 15, 2025
- Suits Filed Over Dehydration Deaths at Two Texas Jails, Jan. 15, 2025
More from these topics:
- Hawai’i Supreme Court Reverses Murder Conviction for Prosecutorial Misconduct Based on Prosecution’s Improper Statements During Closing Arguments, Feb. 15, 2025. Prosecutors, Wrongful Conviction, Prior Convictions - Expungement or Reversal of, Improper Comment.
- Texas Prosecutor Gets Fine, Probated Bar Suspension After Jailing Woman for Abortion, Aug. 15, 2024. Prosecutor/Attorney General Misconduct, Abortion, Attorney Misconduct, Fines.
- Prosecutors Receive Absurdly Lenient Sentence of Probation for Brady Violation That Resulted in an Innocent Man Spending More Than Four Years in Prison, July 15, 2024. Prosecutor/Attorney General Misconduct, Attorney Discipline, Brady Rule violations, Evidence - Failure to Disclose.
- Reform-Minded Prosecutors Face Backlash for Prosecuting Bad Cops, June 15, 2024. Police Misconduct, Government Misconduct, Prosecutor/Attorney General Misconduct, Prosecutors, Police/Govt Misconduct, Criticism of Government.
- What Happens When Prosecutors Offer Opposing Versions of the Truth?, April 15, 2024. Prosecutor/Attorney General Misconduct, Commentary/Reviews, Prosecutorial Misconduct, Outrageous Government Misconduct, Evidence - Destruction/Fabrication/Manipulation of.
- $2.9 Million Paid by Maryland to Exonerated Former Prisoner, Feb. 1, 2024. Prosecutor/Attorney General Misconduct, Wrongful Conviction, Pardons/Clemency, Attorney Discipline.
- Natural Language Processing Software Can Identify Biased Jury Selection, Has Potential to Be Used in Real Time During Voir Dire, Dec. 15, 2023. Racial Discrimination, Commentary/Reviews, Prosecutors, Batson Claims.
- Former AZ Assistant AG Disciplined for Misconduct in Muslim Prisoner’s Lawsuit, Jan. 1, 2022. Prosecutor/Attorney General Misconduct, Religious Discrimination, Religious Diet.
- Ex-Prosecutor in Ahmaud Arbury Case Charged With Violating Oath of Office, Obstructing Justice, Sept. 3, 2021. Prosecutor/Attorney General Misconduct.
- Prosecutors Who Demand Accountability From Everyone But Themselves, Jan. 15, 2021. Prosecutor/Attorney General Misconduct, Prosecutorial Immunity, Acceptance of Responsibility.