×
You've used up your 3 free articles for this month. Subscribe today.
Eleventh Circuit: Prosecutor Denied Absolute Prosecutorial Immunity for Failure to Ensure Cancellation of Material Witness Warrant
by David M. Reutter
In a case of first impression, the U.S. Court of Appeals for the Eleventh Circuit held that a Fulton County, Georgia, assistant district attorney is not entitled to absolute prosecutorial immunity in a 42 U.S.C. § 1983 suit for failing to ensure the cancellation or recall ...
Full article and associated cases available to subscribers.
As a digital subscriber to Criminal Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- The Debunking of Forensic Science: A Decade of Increased Scrutiny Reveals Forensic Processes Prone to Bias and Error, by Casey Bastian
- California Court of Appeal: At Felony-Murder Resentencing Hearing, Court May Not Deny Relief Based on Findings That Are Inconsistent With Previous Acquittal, by Douglas Ankney
- You’d Better Watch Out: The Surveillance State Is Making a List, and You’re On It, by Nisha Whitehead, John W. Whitehead
- Montana Supreme Court: Odor of Marijuana by Itself Insufficient to Prolong Traffic Stop, by Anthony Accurso
- Fifth Circuit: ‘Nonsubstantial Overcrowding’ of Vehicle Used in Transporting Illegal Aliens Insufficient for Imposition of Sentencing Enhancement Under Guidelines § 2L1.1(b)(6), by Douglas Ankney
- California Court of Appeal: Kill-Zone Theory Principles Articulated in Canizales Are Retroactive to Judgments That Were Final at Time of Decision, by Jacob Barrett
- Florida Supreme Court Announces Completed ‘Purchase’ of Drugs Under Trafficking Statute Requires Exchange of Money and Possession, by David Reutter
- Police Digitally Frame Activists in India, but It Can Happen Anywhere, by Jayson Hawkins
- Eleventh Circuit: Prosecutor Denied Absolute Prosecutorial Immunity for Failure to Ensure Cancellation of Material Witness Warrant, by David Reutter
- Fifth Circuit: District Court Erred in Finding That a Fourth Amendment Stop Did Not Occur, by Harold Hempstead
- Massachusetts Supreme Judicial Court: Ineffective Assistance of Counsel Where Trial Counsel Believed, Erroneously, He Had Ethical Duty to Tell Prosecution Location of Key Incriminating Evidence Not in Counsel’s Possession, by Douglas Ankney
- Los Angeles: Police Union Resists Changes to Pretextual Stops, by Jayson Hawkins
- Police Find It Easier to Influence Public Opinion Than to Protect and Serve, by Benjamin Tschirhart
- Tenth Circuit: Unreasonable Determination of Downward Variance of Guidelines Resulted in Plain Error, by David Reutter
- Ninth Circuit Suppresses Evidence as Fruit of the Poisonous Tree Where Officer Lacked Probable Cause to Arrest Man Who Displayed Handgun in Open Carry State, by Douglas Ankney
- California Court of Appeal Announces the People Are Not Entitled to Have Privately Retained Psychological Expert Testify at Trial of SVPA Petition, by Douglas Ankney
- Connecticut Supreme Court Announces ‘John Doe’ Warrant Based on Suspect’s General Description and Partial DNA Profiles, Which May or May Not Include Suspect’s DNA, Fails to Satisfy ‘Particularity Requirement’ of Fourth Amendment, by Douglas Ankney
- Tenth Circuit: Prisoner Convicted of Covered Drug Offense but Sentenced to Mandatory Life Sentence Via Cross Reference for Murder Under Pre-Booker Guidelines Has Standing to Request First Step Act Sentence Reduction, by Douglas Ankney
- NYC: The First DNA Gun Crimes Unit in America, by Harold Hempstead
- Sixth Circuit: Unarmed Bank Robber Who Ordered Tellers to Get on the Floor Not Subject to Enhancement for Physical Restraint, by Matthew Clarke
- Traditional Forensic Ballistics Comparisons Giving Way to Virtual 3D Methods, by Casey Bastian
- The National Registry of Exonerations 2021 Annual Report: 161 Exonerations Comprising 1,849 Years of Wrongful Imprisonment, by Casey Bastian
- Massachusetts Supreme Judicial Court Ends Practice of Juvenile Courts Granting Continuances for Sole Purpose of Extending Delinquent’s Period of Detention, by Douglas Ankney
- Mislabeling of Marijuana Products Is a National Problem, by Kevin Bliss
- Review of Prior Research Identifies Three Main Sources of Bias in Jury Decision-Making Processes, by Casey Bastian
- Police Foundations: The Impossible Task of Separating the World of Policing From the World of Corporate Money, by Casey Bastian
- People Convicted of Sex Crimes Remain Incarcerated 25 Years After Completing Their Prison Sentences, by Douglas Ankney
- Charlotte Is Ground Zero for New FBI Asset Forfeiture Tip Line Program, by Casey Bastian
- News in Brief
- Theft of Public Funds or Accounting Incompetence? Kansas Police Agencies Can’t Accurately Track Property Forfeitures, by Jacob Barrett
More from David Reutter:
- Philadelphia Agrees to $9.1 Million Settlement for Wrongful Murder Conviction, Feb. 15, 2025
- ‘Fictional Pleas’ and ‘Hidden Departures’: Failure to Collect Data on Binding Federal Plea Bargains Hinders Researchers, Feb. 15, 2025
- First Circuit: Two-Level Enhancement Under § 3B1.1(c) for Leadership or Managerial Role Vacated Because Government Failed to Prove Defendant’s Order Was Actually ‘Obeyed’ by Fellow Criminal Participant, Feb. 15, 2025
- Texas Court of Criminal Appeals Holds Witness Wearing Surgical Mask During Pandemic Is Denial of Sixth Amendment Right to Face-to-Face Confrontation and No General Exception to This Right for Pandemic or ‘Other Global Events’ Such as Wars and Natural, Feb. 15, 2025
- The Murky Waters of Parole, Feb. 1, 2025
- California Prisoner Awarded Over $1.26 Million in Suit Challenging Withheld Legal Mail Which Resulted in Habeas Loss, Jan. 15, 2025
- Muslim New York Prisoner’s Free Exercise of Religion Claim Reinstated, Jan. 15, 2025
- Fourth Circuit: Baltimore County Prisoners May Qualify as Employees under FLSA, Jan. 15, 2025
- In Failure-to-Treat Claims, Wellpath Denied Dismissal in Virginia, Settles in Pennsylvania, Dec. 15, 2024
- Trends Show Mortality Risks Increase with Higher Jail Turnover Rates, Dec. 15, 2024
More from these topics:
- Connecticut Supreme Court Announces ‘John Doe’ Warrant Based on Suspect’s General Description and Partial DNA Profiles, Which May or May Not Include Suspect’s DNA, Fails to Satisfy ‘Particularity Requirement’ of Fourth Amendment, Jan. 15, 2023. DNA Testing/Samples, Arrest Warrants, Fourth Amendment.
- Tennessee Supreme Court Clarifies Inevitable Discovery Doctrine in Raid of Home to Execute Arrest Warrant, May 15, 2021. Arrest Warrants, Inevitable Discovery Doctrine.
- Fourth Circuit Announces Payton’s ‘Reason to Believe’ Standard for Entering a Third-Party’s Home Based on Arrest Warrant for Suspect Amounts to Probable Cause Suspect Resides There, Jan. 15, 2021. Arrest Warrants, Reasonable Suspicion.
- Prosecutors Who Demand Accountability From Everyone But Themselves, Jan. 15, 2021. Prosecutor/Attorney General Misconduct, Prosecutorial Immunity, Acceptance of Responsibility.
- First Circuit: Prosecutor Not Entitled to Absolute Immunity When Performing Purely Administrative Duty, Sept. 17, 2019. Immunity/Liability, Prosecutorial Immunity.
- Tenth Circuit: No Absolute Immunity for Prosecutor Who Fabricated Evidence, Sept. 17, 2019. Immunity/Liability, Prosecutorial Immunity.
- Seventh Circuit Rules Failure to Issue Summons or Warrant Means Supervised Release Not Tolled While Merely in Custody, Aug. 21, 2019. Release and Reentry, Arrest Warrants.
- Dallas County Judge’s ‘Blank Check’ Warrant Questioned; Case Dismissed, May 15, 2019. Search warrants, Arrest Warrants.
- Misconduct by prosecutors is rampant — how do we deter it?, May 15, 2019. Prosecutor/Attorney General Misconduct, Criminal Prosecution, Prosecutors, Prosecutorial Immunity.
- Arrests Do Not Necessarily Represent Solved Crimes, April 12, 2019. Crime/Demographics, Statistics/Trends, Arrest and Booking, Arrest Warrants.