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California Court of Appeal Overturns Child Sex Abuse Convictions Based on Prosecution’s Violation of Brady Obligations by Withholding Witness Impeachment Evidence
Loaded on March 15, 2021
by Matthew Clarke
published in Criminal Legal News
April, 2021, page 38
Filed under:
Sexual Exploitation of Minors,
Witnesses - Prior Statements/Testimony,
Evidence - Failure to Disclose.
Location:
California.
by Matt Clarke
The Court of Appeal of California, First Appellate District, reversed a man’s convictions for forcible rape, digital penetration, and misdemeanor battery of a 15-year-old girl when he was 19 years old because the prosecution withheld evidence that could have been used to impeach the testimony of a ...
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More from this issue:
- Faulty Forensics and Wrongful Convictions, by Matthew Clarke
- Seventh Circuit Affirms Vacatur of Death Sentence Based on Newly Discovered Evidence of Defendant’s Intellectual Disability, by Douglas Ankney
- Machinery of Death: When the Government Acts as Judge, Jury and Executioner, by John W. Whitehead
- Seventh Circuit: Indiana’s Sex Offender Registration Act’s ‘Other Jurisdiction Requirement’ Unconstitutional Violation of Right to Travel, by Douglas Ankney
- Ohio Supreme Court: Retroactive Application of Sexually Violent Predator Law Violates Ex Post Facto Clause, by Dale Chappell
- Alabama Supreme Court Announces Testimony About Cell-Site Location Data Is ‘Scientific’ Expert Testimony, Not Lay, Triggering Daubert Analysis, by Anthony Accurso
- Maryland Court of Appeals: MTA’s Fare Sweep Constitutes Suspicionless Seizure in Violation of Fourth Amendment, by Douglas Ankney
- North Carolina Supreme Court: Judge May Not Reject Informed Guilty Plea Because Defendant Refuses to Admit He’s Factually Guilty, by David Reutter
- How the Criminal Justice System Fails People With Mental Illness, by Jordan Smith
- Third Circuit: Brady Claims in Habeas Petitions Timely When Filed Within One Year of Date Reason to Believe Prosecutor Violated Duty To Disclose, by Douglas Ankney
- Pennsylvania Supreme Court Announces Departure From SCOTUS’ Vehicle Exception to Warrant Requirement, Commonwealth’s Constitution Provides Greater Protections, by Anthony Accurso
- California Court of Appeal: Lack of Notice of Filing Deadline Due Process Violation, Allowing Late Challenge to Erroneous Parole Designation, by Dale Chappell
- Ninth Circuit Announces Un-Mirandized Statement Used in Criminal Proceeding Violates Fifth Amendment and Supports § 1983 Claim, by Douglas Ankney
- Massachusetts Supreme Court Announces ‘Habitual Offender’ Statute Allows for Sentence of Probation Only, by Dale Chappell
- Hawai’i Supreme Court Announces Clarification of When Self-Induced Intoxication Exception of HRS § 702-230 Applies, by Matthew Clarke
- STAR Program Redirecting Mental Health Emergency Calls Away From Police a Success in Denver, by Kevin Bliss
- Kentucky Supreme Court Announces Appellate Standard of Review for Domestic Abuse Exemption to Violent Offender Parole Eligibility, by Anthony Accurso
- Fifth Circuit: Evidence of Simple Drug Possession Insufficient to Search Cellphone Photos for Evidence of Drug Trafficking, by Anthony Accurso
- California Supreme Court Announces SB 1437 Bars Second-Degree Murder Based on Natural and Probable Consequences Doctrine, by Douglas Ankney
- New Drone Tech Being Deployed by Police, by Anthony Accurso
- Pennsylvania Supreme Court: Officer Testified as Expert on Child Sexual Abuse Without First Being Qualified and 42 Pa.C.S. § 5920 Overruled Dunkle, by Douglas Ankney
- "Kentucky Supreme Court: Hearing on Defense Counsel’s Fitness Is Critical Stage at Which Defendant Has Right to Be Present With Conflict-Free Counsel", by Douglas Ankney
- D.C. Circuit: Differing Counsel Effectiveness Findings Create Possible Injustice in Wired Plea Offer, by David Reutter
- Second Circuit: Jury Instructions Regarding Defendant’s Motive to Testify Falsely Improper, by Anthony Accurso
- California Court of Appeal Overturns Child Sex Abuse Convictions Based on Prosecution’s Violation of Brady Obligations by Withholding Witness Impeachment Evidence, by Matthew Clarke
- Fourth Circuit: Conditions of Release Banning Internet Access and Legal Pornography Overbroad and Not Reasonably Related, by Douglas Ankney
- Kentucky Supreme Court Reverses Murder Convictions Due to ‘Flagrant Prosecutorial Misconduct’ in Misleading Jury, by Matthew Clarke
- Capitol Police Department Repeatedly Sued Over Racial Discrimination, by Casey Bastian
- Hundreds Serving Life Due to Less Than Unanimous Jury Verdicts, by Edward Lyon
- Nevada Supreme Court Reverses Conviction for Murdering Sixth Wife Due to Improper Prior Bad-Act Evidence Regarding Murder of Second Wife, by Matthew Clarke
- Washington Supreme Court Announces Misconduct of Petitioner’s Own Counsel Can Be Basis for Equitable Tolling in Habeas Proceeding, by Douglas Ankney
- Hidden Sentences, by Jayson Hawkins
- Law Degree for South Carolina Magistrates Optional, by Michael Fortino, Ph.D
- Policing Prostitution in New York, by Jayson Hawkins
- Tech Company Enables Total Surveillance, by Jayson Hawkins
- Image of Men Urinating on Grave Protected by First Amendment, by Michael Fortino, Ph.D
- Shifting View of Criminal Justice in U.S., by Jayson Hawkins
- Philadelphia Man Exonerated After Police Cover-Up Exposed, by Casey Bastian
- New Jersey Man Wrongly Arrested Due to Flawed Face Recognition Match, by Anthony Accurso
- Man Serving 505-Year Sentence Granted Compassionate Release Due to COVID-19
- Police Robo Stalkers in a Location Near You, by Douglas Ankney
- News in Brief
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:
- Third Circuit Grants Habeas Relief to Prisoner on Confrontation Clause and Ineffective Assistance Claims Based on Trial Court Reading Entire Criminal Information Into the Record of Co-Conspirator Who Pleaded Guilty, Feb. 15, 2025. Habeas Corpus, Ineffective Assistance of Counsel, Exculpatory No Doctrine, Confrontation Clause/Rights, Witnesses - Prior Statements/Testimony, Plea Agreements/Guilty Pleas.
- Ninth Circuit Announces ‘Clear Error’ Review Applies to District Courts’ Factual Findings for Brady Challenges and Affirms District Court’s Mid-Trial Order Excluding Witness Testimony and Imposing Monetary Sanctions for Government’s Brady Violation, Feb. 1, 2025. Sanctions, Eyewitness Testimony, Brady Rule violations, Witnesses - Prior Statements/Testimony, Factual Disputes/Findings, Legal or Factual Challenges - assertion of.
- Sixth Circuit Announces Ohio’s Standard for Judicial Bias Contrary to Clearly Established Federal Law, Holds Trial Judge Unconstitutionally Biased in Capital Case and Defendant Denied Right to Present Mitigating Evidence, Grants Habeas Relief, Dec. 15, 2024. Murder/Felony Murder, Bias/Discrimination, Evidence - Failure to Disclose.
- Louisiana Supreme Court Finds Prosecution Withheld Favorable Impeachment and Exculpatory Evidence in Violation of Brady, Aug. 1, 2024. Exculpatory No Doctrine, Resentencing, Evidence - Failure to Disclose, Remands/Rehearings/Resentencings.
- 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.
- HRDC Files Civil Rights Action on Behalf of Wrongly Convicted Florida Man Who Spent 45 Years in Prison, June 15, 2024. Wrongful Conviction, False Arrest, False Imprisonment, Hypnotically Refreshed Memory, Perjury/Perjured Testimony, Evidence - Failure to Disclose.
- Louisiana Supreme Court Springs Prisoner From Death Row, April 1, 2024. Capital Punishment, Exculpatory Materials, Perjury/Perjured Testimony, Evidence - Failure to Disclose, Withholding of Exculpatory Evidence.
- Pennsylvania Supreme Court: Failure to Disclosure Mental Health Report Showing Key Witness Was a Sociopath Constitutes Brady Violation That Prejudiced Defendant, March 15, 2024. Brady Violations, Brady Rule violations, Evidence - Failure to Disclose.
- Michigan Reaches $1.03 Million Settlement with Exonerated Prisoner, March 1, 2024. Wrongful Conviction, Wrongful Imprisonment, Brady Violations, Evidence - Failure to Disclose.
- Federal Sentencing Guidelines Undergo Substantial Amendments, Jan. 15, 2024. U.S. Sentencing Guidelines, First Step Act, Violence Against Women Act, Criminal History, Qualifying Offenses, Sentence Enhancements/Departures, Sexual Abuse/Harrassment/Exploitation, Sexual Exploitation of Minors, Federally Protected Rights, Sexual Conduct with Minors, Sentences - Authorized, Safety Valve, Acceptance of Responsibility, Preservation of Judicial Resources, Legal or Factual Challenges - assertion of.
