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Arizona Supreme Court Clarifies Proper Fundamental Error Review Applicable to Allegation of a Single, Unobjected-to Instance of Prosecutorial Misconduct
Loaded on Oct. 15, 2021
by Douglas Ankney
published in Criminal Legal News
November, 2021, page 32
Filed under:
Improper Comments.
Location:
Arizona.
by Douglas Ankney
The Supreme Court of Arizona clarified the error review that is applicable when an appellant alleges a single instance of prosecutorial misconduct and no objection was made to the alleged misconduct at trial.
According to the testimony of the victim, identified as “O.C.,” brothers Easton and Claudius ...
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More from this issue:
- The Real Minority Report Predictive Policing Algorithms Reflect Racial Bias Present in Corrupted Historic Databases, by Matthew Clarke
- Massachusetts Supreme Judicial Court Announces Premature Sex Offender Classification of Incarcerated Offender Who Accepted Classification Violates Procedural Due Process, by Douglas Ankney
- Tenth Circuit Rejects Qualified Immunity for Prosecutor Alleged to Have Fabricated Evidence, Despite no Previous Case with Materially Similar Facts, by Douglas Ankney
- California Supreme Court: Furnishing Drugs Resulting in Overdose Death Does Not Automatically Trigger Great Bodily Injury Enhancement, by Dale Chappell
- Hawaii Supreme Court Announces Five-Factor Test in Determining Whether There’s ‘Fair and Just Reason’ to Withdraw Plea, by David Reutter
- Seventh Circuit: District Court Erred in Denying Compassionate Release Motion by Limiting ‘Extraordinary and Compelling’ Analysis to USSG § 1B1.13, by Dale Chappell
- Anger: A Natural Reaction That Makes the Innocent Appear Guilty, by Jayson Hawkins
- An Inside Look at Operation Trojan Shield How the FBI Crafted an International Encrypted Messaging Sting, by Jayson Hawkins
- Tenth Circuit Announces Adoption of ‘Offense of Conviction Approach’ for Determining Sentence Reduction Under First Step Act § 404(b), by Dale Chappell
- Kansas Supreme Court Affirms Reversal and Dismissal of Murder Charges Based on Speedy Trial Violation, by Douglas Ankney
- Arizona Supreme Court Announces Trial Courts Have Discretion to Deny State’s Request for SVP Screening and Provides Guidance to Courts Exercising That Discretion, by Douglas Ankney
- Arizona Supreme Court Clarifies Proper Fundamental Error Review Applicable to Allegation of a Single, Unobjected-to Instance of Prosecutorial Misconduct, by Douglas Ankney
- Study: Bloodstain Pattern Analyses Display Alarming Lack of Accuracy, by Michael Fortino, Ph.D
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- Ohio, Now 24th State to End LWOP for Juveniles, by Michael Fortino, Ph.D
- "Eighth Circuit: Government Breached Plea Agreement by Endorsing PSR’s Calculation of Higher Base Offense Level Than Plea Agreement, Curing Breach Not Recognized in Circuit", by David Reutter
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- Florida’s Worst Cop Fired for 7th Time, by Jayson Hawkins
- Police Do Not Want to Pay for Damage They Inflicted to Texas Home, by Kevin Bliss
- SCOTUS Reinstates Death Sentence Reversed by Eleventh Circuit, by Matthew Clarke
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- News in Brief
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 Supreme Court Holds Prosecutor’s Repeated Statements During Closing Arguments That Defendant ‘No Longer Has Presumption of Innocence’ Constitutes Plain Error, Requiring a New Trial, March 15, 2024. Improper Comments, Plain/Harmless Error.
- Kentucky Supreme Court Reverses Murder Convictions Due to ‘Flagrant Prosecutorial Misconduct’ in Misleading Jury, March 15, 2021. New Trial - Motions for, Improper Comments.
- Ninth Circuit Reiterates Presumption of Innocence Remains Until Conviction, Grants Habeas Relief, Dec. 15, 2020. Habeas Corpus, Actual Innocence/Claim of Innocence, Improper Comments.
- Duckett v. Mullin, No. 00-6292 (10th Cir.) (306 F.3d 982) (September 4, 2002) (Judge Carlos Lucero), Aug. 1, 2002. Punch And Jurists, Improper Comments.
- U.S. v. Sanchez, No. 97-30002 (9th Cir.) (176 F.3d 1214) (June 1, 1999) (Judge Arthur L. Alarcon), June 1, 1999. Punch And Jurists, Improper Comments.
- U.S. v. Francis, No. 97-1129 (6th Cir.) (170 F.3d 546) (February 25, 1999) (Judge Boyce F. Jr. Martin), March 1, 1999. Punch And Jurists, Improper Comments.
- U.S. v. Wilson, No. 97-2122 (11th Cir.) (149 F.3d 1298) (August 13, 1998) (Judge James Larry Edmondson), Sept. 1, 1998. Punch And Jurists, Improper Comments.
- U.S. v. Boyd, No. 94-8074 (11th Cir.) (131 F.3d 951) (December 18, 1997) (Per Curiam), Jan. 1, 1998. Punch And Jurists, Improper Comments.
- U.S. v. Roberts, No. 96-1933 (1st Cir.) (119 F.3d 1006) (July 24, 1997) (Judge Robert E. Keeton), Sept. 1, 1997. Punch And Jurists, Improper Comments.
- U.S. v. Roberts, No. 96-1933 (1st Cir.) (119 F.3d 1006) (July 24, 1997) (Judge Robert E. Keeton), Sept. 1, 1997. Punch And Jurists, Improper Comments.
