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Arizona Supreme Court Announces Cumulative Error Framework for Reviewing Multiple Instances of Prosecutorial Misconduct
by Douglas Ankney
The Supreme Court of Arizona announced a cumulative error framework for when an appellant claims he was denied a fair trial due to the cumulative effect of multiple instances of prosecutorial misconduct.
A jury found Luis Armando Vargas guilty of several offenses, including first-degree murder. On appeal, ...
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More from this issue:
- SCOTUS ‘Shadow Docket’ Secretly Pushes Agendas, Issues Major Rulings Without Argument or Public Knowledge, by Dale Chappell
- The Junk Science Cops Use to Decide You’re Lying, by Jordan Smith
- From the Editors
- California Court of Appeal Grants Habeas Relief Over Failure to Instruct Jury on ‘Heat of Passion’, by Dale Chappell
- Attacking the Guilty Plea: The Art of Withdrawing a Guilty Plea, by Dale Chappell
- Fourth Circuit: Releasee Under First Step Act Can’t ‘Bank’ Extra Time Spent in Prison Toward Future Supervised Release Violation, by Dale Chappell
- New Hampshire Supreme Court Announces Defendant Not Required to Identify Evidentiary Support for Noticed Defense, by Douglas Ankney
- Sixth Circuit Reverses District Court’s Grant of Summary Judgment to Defendants in § 1983 Suit Against City and Police Officers, by Douglas Ankney
- Ninth Circuit Clarifies Use of Rule 60(b) for Changes in Law, by Dale Chappell
- Nebraska Supreme Court Announces Remand for New Sentencing Hearing Appropriate Remedy for Enhanced Vehicular Homicide Sentence Without Evidence of Prior Convictions, by Douglas Ankney
- Study Exposes Public Defender Plea Negotiation Practices and Suggests New Negotiation Theory, by David Reutter
- Colorado Supreme Court Announces New Rules for Awarding Presentencing Credit, by Anthony Accurso
- Government Agencies Expand Use of Private Companies to Bypass Constitution, by Casey Bastian
- California Supreme Court Announces New Time Limit for Habeas ‘Appeal’ Stages, Clarifying Tolling for Federal Habeas Petitioners, by Dale Chappell
- Defense Officials: Law Enforcement in Military Garb not Appropriate, by Casey Bastian
- South Carolina Supreme Court: Failure to Give Logan Instruction Not Harmless Error Where Evidence Almost Entirely Circumstantial, by Douglas Ankney
- Justice Sotomayor Raises Due Process Concerns Over Eleventh Circuit’s Use of Published Successive Habeas Denial Orders, by Dale Chappell
- Colorado Supreme Court: Prosecution Prohibited From Arguing Defendant’s Failure to Retreat Showed Lack of Fear, Undermining Claim of Self-Defense, by Douglas Ankney
- Seventh Circuit: District Court Abused Discretion by Denying Relief Without First Considering Recalculations Under First Step Act, by Douglas Ankney
- California Supreme Court Vacates LWOP Sentence After Its Recent Cases Clarifying ‘Special Circumstance’ Murder, by Dale Chappell
- Arizona Supreme Court Announces Cumulative Error Framework for Reviewing Multiple Instances of Prosecutorial Misconduct, by Douglas Ankney
- Indiana Supreme Court: Must Be Immediate Causal Connection Between Confrontation and Other Crime by Defendant to Negate Self-Defense, by Douglas Ankney
- Seventh Circuit: Sentences for ‘Non-Covered’ Offenses Can Also Be Reduced Under First Step Act, by Dale Chappell
- Ninth Circuit: Police Violate Fourth Amendment Executing Administrative Warrant Where Primary Purpose Is Gathering Evidence for Criminal Investigation, by Douglas Ankney
- Interactions Between Diabetics and Law Enforcement Can Become Life-Threatening, by Casey Bastian
- Fourth Circuit Grants ‘SOS’ § 2254 Petition Attacking Three-Decade-Old Murder Conviction Based on New Evidence, by Dale Chappell
- Washington Federal Court: Looking at Lock Phone Screen Requires Warrant, by Anthony Accurso
- North Carolina Supreme Court: Defendant Can’t Be Convicted of Both Habitual Misdemeanor Assault and Felony Assault for Same Act, by Douglas Ankney
- Michigan Supreme Court: Probation Compliance Check During Unlawfully Extended Probation Was Unauthorized Warrantless Search, by Matthew Clarke
- Medical Experts Publish Guidelines on SUDC, by Douglas Ankney
- Successful Alternatives to Armed Police Response, by Edward Lyon
- Tenth Circuit: District Court Plainly Erred in Giving Erroneous Constructive Possession of Firearm Instruction, Conviction Reversed, by Douglas Ankney
- Second Circuit: District Court’s Failure to Offer Explanation for Its Sentence Constitutes Plain Error, by Douglas Ankney
- SCOTUS Goes Live on Camera, by Jayson Hawkins
- Maryland Court of Appeals Announces Reasonableness Standard in Providing Advice of Rights to Non-English Speaking Drivers, by David Reutter
- Seventh Circuit: Rehaif Creates Defense and Invalidates Defendant’s Guilty Plea, by David Reutter
- Chicago’s Police Torture Reparations, by Jayson Hawkins
- New Jersey Supreme Court: Juror Excused After Partial Verdict Requires Mistrial on Remaining Counts, by Dale Chappell
- Policing and Racial Bias, by Kevin Bliss
- How COVID-19 Forces New Releasees Into ‘Survival Mode’, by Dale Chappell
- From Detroit: How Not to Use Facial Recognition in Policing, by Anthony Accurso
- New Colorado Law Kills Qualified Immunity for Cops, by Dale Chappell
- Minnesota Cops Use Contact Tracing to Track Protestor Networks, by Anthony Accurso
- When Police Caught Lying, the Spin Begins, by Edward Lyon
- Minneapolis: Use of Force Against Blacks 7 Times Higher Than That for Whites, by Kevin Bliss
- Risk Assessment Tools Perpetuate Inherent Biases and Prejudices, by Kevin Bliss
- New York Police Act With Impunity During Protests, by Kevin Bliss
- New ‘Barcode’ System Puts DNA Sample to the Authenticity Test, by Anthony Accurso
- Police Violence and the 14th Amendment, by Jayson Hawkins
- Police Unions Buy Their Way Out of Reform, by Kevin Bliss
- News in Brief
- Protecting Your Phone at Protests, by Douglas Ankney
More from Douglas Ankney:
- Community Supervision: America’s Hidden Wellspring to Mass Incarceration, Feb. 15, 2025
- Rikers Island Continues Long Practice of Denying Education to Young Adults, Feb. 15, 2025
- Monterey County Pays $1 Million to Settle Suit Over Detainee Suicide by Toilet Tissue; Wellpath Pays Another Undisclosed Sum, Feb. 15, 2025
- Sixth Circuit Revives Challenge by Kentucky Prisoner Left Three Weeks in “Rancid” Paper Undershorts, Feb. 15, 2025
- California Court of Appeal: Evidence Insufficient to Show Robbery Victim Moved ‘Substantial Distance’ to Support Simple Kidnapping Conviction and Amendments to § 186.22 Require Vacatur of Gang Enhancements, Feb. 15, 2025
- Fourth Circuit Revives Claims Against Virginia Jailers by Detainee They Allegedly Manhandled While Handcuffed, Feb. 15, 2025
- Fourth Circuit Reinstates North Carolina Prisoner’s Failure-to-Protect Claim Against Guard in Stabbing, Feb. 15, 2025
- Minnesota Supreme Court Announces No Duty to Retreat When Using Reasonable Force in Defense of Another and Provides Framework for Analyzing Such Claims, Feb. 1, 2025
- NIJ Partners With Doctor to Develop Better Screening Method to Detect and Identify Drugs Postmortem, Jan. 15, 2025
- Fines and Fees Destroy the Impoverished and Perpetuate Mass Incarceration, Jan. 15, 2025
More from these topics:
- Minnesota Judge Spanked For Ignoring Law Restoring Felon Voting Rights, Dec. 15, 2024. Different Judge, Prosecutorial Misconduct, Voting Rights, Comments by Judge.
- 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.
- ‘Blatant Miscarriage of Justice’: Oklahoma Man Exonerated of Wrongful Conviction After 35 Years Despite Former Prosecutor’s Attempt to Perpetuate Injustice, April 15, 2024. Wrongful Conviction, Prosecutorial Misconduct.
- Oklahoma Prisoner’s Conviction Tossed After Judge’s Affair With Prosecutor Uncovered, Feb. 1, 2024. Prosecutorial Misconduct, Appearance of Justice/Impartiality.
- Texas Court of Criminal Appeals: Trial Court Deprived Defendant of Opportunity to Present Complete Defense, June 15, 2023. Appeals/Appellate Jurisdiction, Best Evidence Rule, Evidence - Failure to Disclose, Prosecutorial Misconduct.
- New Commission in Georgia Will Discipline and Remove Prosecutors Who Are Seen as Not Tough Enough on Crime, June 15, 2023. War on Terror, Prosecutorial Vindictiveness, Prosecutorial Misconduct.
- Washington Supreme Court Announces Adoption of ‘Rule of Automatic Reversal’ When Prosecutor Flagrantly Appeals to Racial and Ethnic Bias During Voir Dire, May 15, 2023. Racial/Ethnic Bias/Profiling, Voir Dire, Prosecutorial Misconduct.
- A Quarter-Century of Injustice Ends: Norberto Peets Exonerated in the Bronx, May 9, 2023. Wrongful Conviction, Prosecutorial Misconduct.
- The Power of the Prosecutor in America: Abuse, Misconduct, Unaccountability, and Miscarriages of Justice, March 15, 2023. Prosecutorial Misconduct.
- Prosecutorial Misconduct Cause of More Than 550 Death Penalty Reversals and Exonerations, Nov. 15, 2022. Wrongful Conviction, Death Penalty, Prosecutorial Misconduct.