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Hawai’i Supreme Court: Cumulative Effect of Multiple Instances of Prosecutorial Misconduct Requires Reversal
by Douglas Ankney
The Supreme Court of Hawai’i reversed the murder conviction of Iosefa Meafua Pasene due to the cumulative effect of multiple instances of prosecutorial misconduct.
In the early morning hours of March 28, 2009, Pasene, Cedro Muna, and Antonius Toloai were released from the custody of the Honolulu ...
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More from this issue:
- News in Brief
- Another Life Ruined as a Result of a Bad Cop and Failure to Follow Policy, by Douglas Ankney
- Stop Peeking Inside the Black Box
- Over a Year After Cook County Bail Reform, Jails Are Still Full, by Dale Chappell
- $250,000 Awarded to Woman Who Spent 96 Days in Jail, by Douglas Ankney
- Getting Rid of the ‘X’, by Jayson Hawkins
- FBI Using Private Ancestry Databases to Zero in on Suspects, by Edward Lyon
- Misconduct Suits Against New York City Police Department on the Rise, by Douglas Ankney
- Study: Technology Creates and Embeds Bias in the Criminal Justice System, by Douglas Ankney
- Modern Forensics Findings Not Always 100 Percent Reliable, by Edward Lyon
- Police Want Unfettered Access to Consumer DNA Databases, by Kevin Bliss
- Court’s in Session: The Honorable Algorithm Presiding, by Douglas Ankney
- Prosecutors Use Blacklists to Keep Dishonest Officers out of the Courtroom, by Kevin Bliss
- Taking Pictures in the Dark: Florida Police Not Forthcoming About Investigations Using Facial Recognition Software, by Douglas Ankney
- Killer Cops and Vilified Victims, by Jayson Hawkins
- Ohio Mayor’s Courts Are Huge Sources of Unjust Revenues, by Edward Lyon
- In a Rare Move, California Court of Appeal Discharges Prisoner from All Forms of Custody, Including Parole, After Finding Time Served in Prison Grossly Disproportionate to His Offense, by Douglas Ankney
- Fourth Circuit Tosses Evidence Discovered by Illegal GPS Tracker, by Dale Chappell
- Hawai’i Supreme Court: Cumulative Effect of Multiple Instances of Prosecutorial Misconduct Requires Reversal, by Douglas Ankney
- D.C. Circuit Holds Expert’s False Testimony ‘Material,’ Allowing Challenge to Four-Decade-Old Murder Conviction, by Dale Chappell
- Ninth Circuit Rules Robbery Committed Alone by Gang Member Not Enough for California Gang Enhancement, Despite Testimony of Gang Expert, by Dale Chappell
- Fourth Circuit Rules Assault on Government Official Under North Carolina Statute Not a ‘Crime of Violence’, by Chad Marks
- Eighth Circuit: Forfeited Claim of Miscalculated Criminal History Score Is Reviewable Under Plain Error Standard, by Douglas Ankney
- Violence in the House: Studies Find Cops’ Families Live Dangerous Lives, by Edward Lyon
- Ohio Supreme Court: Plea Defendant Must Be Informed of Maximum Penalty for Postrelease-Control Violation Prior to Pleading Guilty to a New Felony, by David Reutter
- Police Avoid Negative Publicity by Routinely Withholding Body-Cam Footage, by Kevin Bliss
- Indiana Supreme Court: IAC Where Lawyer Marks ‘Not Applicable’ to Immigration Consequences Warning on Court’s Advisement Form Without Knowing Client’s Immigration Status, by David Reutter
- Hawai’i Supreme Court Announces New Rule Requiring Tachibana Colloquy in All Trials, by Douglas Ankney
- Kansas Supreme Court: Correcting Illegal Sentence After Fully Served Violates Prohibition Against Double Jeopardy, by Matthew Clarke
- Missouri Supreme Court Issues Writ of Prohibition Prohibiting Circuit Court From Revoking Probation After Probation Term Had Already Expired, by Douglas Ankney
- Forced Self-Incrimination, by Larry N.
- Second Circuit Holds Government’s Misleading Disclosure of Inculpatory Statement Requires New Trial, by Dale Chappell
- Prosecutorial Power Used Too Often to Stop Prisoners From Getting Second Chance at Life, by Chad Marks
- 11th Circuit Holds Conviction Under Georgia’s Aggravated Assault Statute Is Not a ‘Crime of Violence’ When Based Upon a Mens Rea of Recklessness, by Douglas Ankney
- Attempted Felony-Murder Is Not a Cognizable Crime in West Virginia, by Douglas Ankney
- Arkansas Supreme Court Rules Justification Defense Available When Charged With Manslaughter, by David Reutter
- Washington Supreme Court Rules Attenuation Doctrine Inapplicable Where Police Illegally Seize Person Followed by Ferrier Warnings and Consent to Search, Evidence Must Be Suppressed, by Douglas Ankney
- Fifth Circuit Rules Evidence of Counsel’s Dual Representation of Defendant and Codefendant Results in Possible Actual Conflict of Interest Requires Evidentiary Hearing, by Dale Chappell
- North Dakota Supreme Court Reinstates Postconviction Relief Application Dismissed Without Notice of Motion for Summary Disposition, by Matthew Clarke
- Oregon Supreme Court: State Constitution Requires Warrant to Specify When Internet Searches Occurred, by Mark Wilson
- Maryland Court of Appeals Holds Valid Prescription Constitutes ‘Verbal Act’ Thus Not Barred From Evidence as Hearsay When Basis for Statutory Defense, by Dale Chappell
- Second Circuit Rules District Court Improperly Denied Coram Nobis Petition Claiming Ineffective Assistance of Counsel, by Douglas Ankney
- Massachusetts Supreme Judicial Court Announces in Case of First Impression That Police Causing Cellphone to Reveal Its Real Time Location Is a Search Under State Constitution, by Douglas Ankney
- Eighth Circuit Finds Child Porn Sentence ‘Substantively Unreasonable’, by Dale Chappell
- Fourth Circuit Rules Government Breached Plea Agreement When It Failed to Honor Its Drug Conduct Stipulation at Sentencing, by Chad Marks
- Compelled Decryption Primer, by National Association of Criminal Defense Lawyers Fourth Amendment Center
- Illinois Enacts Youthful Parole for Some, by Clifford Powers
- Judge Weinstein Holds that an Appeal Waiver Provision in a Plea Agreement that Seeks a Waiver of All Collateral Rights Is Impermissible Under the Constitution Unless it Specifically Enumerates All Exceptions Required by Law So that a Defendant Has Notice, by Punch & Jurists
- Ninth Circuit: Washington State Accomplice Liability Drug Offenses Not ACCA Predicates, by Mark Wilson
- Locking Up Drug ‘Dealers’ to Save Users Doesn’t Make Anyone Safer, by Alyssa Stryker
- Jury Takes Just 9 Minutes to Find Man Who Blared ‘F--k tha Police’ Toward Cops Not Guilty, by Dale Chappell
- Policing for Profit: Justice Reformers Chip Away at Civil Asset Forfeiture, by Noreen Marcus
More from Douglas Ankney:
- Idaho Stopped From Repeatedly Scheduling Executions That It Cannot Carry Out, July 1, 2024
- In New Jersey, Yet More Privileged Phone Calls Between Prisoners and Attorneys Recorded and Used by Prosecutors, July 1, 2024
- Illinois Prisoner Awarded Over $822,000 For Hernia Care Denied by Wexford Health, July 1, 2024
- Missouri Muslim Prisoners Advance Suit Against Guards For Assault During Prayer, July 1, 2024
- California Supreme Court: Defendant Has Due Process Right to Notice of Prosecution’s Election to Seek Enhanced Sentence in Order to Make Key Decisions About Defense, June 15, 2024
- Kansas Supreme Court Announces Clarification of Framework for Deciding Whether Confession Is Voluntary and Overrules Precedents That Held Reliability of Confession Is Factor to Be Considered, June 15, 2024
- Decedent’s End-of-Life Condition and Toxicology May Alter Time-of-Death Estimation, June 15, 2024
- Fourth Circuit Vacates Where Instructions Failed to Inform Jury That Mens Rea of ‘Knowingly or Intentionally’ Applies to ‘Except as Authorized’ in 21 U.S.C. § 841(a)(1), June 15, 2024
- Third Circuit Denies Prosecutor’s Claim of Absolute Immunity Where Wrongfully Convicted Man’s Complaint Alleged Facts Sufficient to Support Finding That Prosecutor’s Actions Served ‘Investigatory Function’, June 15, 2024
- Delaware Supreme Court: Warrant That Authorized Search of ‘Any and All’ Data of Named Files on Cellphone Is Invalid General Warrant That Also Failed to Include Temporal Limitation, June 15, 2024
More from these topics:
- 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.
- Disgraced NYC Council Candidate Gets Slap-on-the-Wrist Sentence, April 26, 2024. Misconduct/Corruption, Check-Kiting/Bad Checks.
- 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.
- Alabama Denies Parole to Former Sheriff Convicted of Corruption, April 1, 2024. Misconduct/Corruption, Jail Misconduct, Parole, Release Decisions.
- $2.9 Million Paid by Maryland to Exonerated Former Prisoner, Feb. 1, 2024. Prosecutor/Attorney General Misconduct, Wrongful Conviction, Pardons/Clemency, Attorney Discipline.
- DOJ Spending Over $6 Billion in Firms to Seize Innocent Citizens’ Property Via Civil Asset Forfeiture, Jan. 15, 2024. Misconduct/Corruption, Government Misconduct, Forfeiture Money Judgments.
- See No Evil, Hear No Evil, Treat No Evil: Centurion and the Curse of For-Profit Prison Healthcare, Jan. 1, 2024. MHM Inc., Corizon, Centurion, Misconduct/Corruption, Contractor Misconduct, Government Misconduct, Retaliation, Systemic Medical Neglect, Cancer, Private Contractors, Frivolous Litigation, Disclosure of Records, Declaratory Judgment, Public Records, Medical Neglect/Malpractice, PLN Litigation, Censorship, Articles About PLN, Public Records Act, Freedom of Information Act (FOIA), HRDC Litigation.
- Former Florida Guard Gets Five Years for Fatal Assault on Mentally Ill Prisoner, Jan. 1, 2024. Misconduct/Corruption, Guard Misconduct, Guard Brutality/Beatings, Excessive Force (Wrongful Death), Guards/Staff.
- Federal Judge Refuses to Shorten Corruption Sentence for Former Head of New York City Jail Guards’ Union, Feb. 1, 2023. Misconduct/Corruption, U.S. Sentencing Guidelines, Guard Unions.
- HRDC Sues for Records Denied by Sheriff and Jail in Will County, Illinois, Feb. 24, 2022. Misconduct/Corruption, Disclosure of Records, PLN Litigation, Freedom of Information Act (FOIA).