Skip navigation
The Habeas Citebook: Prosecutorial Misconduct - Header

Articles by Dale Chappell

Even Prosecutors Can’t Get Secret List of L.A. Cops With Credibility Problems

by Dale Chappell

Los Angeles County Sheriff Jim McDonnell wants to give a secret list of approximately 300 untrustworthy cops to the Los Angeles County District Attorney’s Office, so prosecutors know who not to call as a law enforcement witness in a criminal case. The police union, however, is fighting ...

Sixth Circuit: Sentence Enhancement Inapplicable, Sales of Guns and Drugs Separate

by Dale Chappell

Where the negotiation of each transaction was “fully consummated” before the next, the sale of guns and drugs separately was not enough to apply a guideline enhancement, the Sixth Circuit held December 5, 2017.

Darryl Jackson sold drugs and guns to a confidential informant (“CI”), but not ...

Texas Supremes: Possession of Gun Does Not Constitute “Use” Under Forfeiture Statute

by Dale Chappell

The Supreme Court of Texas held that a Texas county commissioner’s misdemeanor conviction for possession of a firearm did not constitute “use” of a firearm under the forfeiture statute, and thus forfeiture was not authorized.

Mark Tafel, a former Hamilton County commissioner, was arrested for possession of ...

Inadequate Public Defender Offices Prompt ACLU Suit

by Dale Chappell

"Innocent until proven guilty” is a “cruel and hollow motto when you don’t have an adequate defense, and the government is employing its vast resources to lock you up and take away your freedom,” the ACLU says in describing its recent class-action lawsuit against Nevada’s public defender ...

Fired New Orleans Cops Just Move to Other Departments

by Dale Chappell

Dozens of New Orleans police officers who have been fired for misconduct were able to keep their badges and guns simply by switching to another police department, according to police personnel files and court documents. The ease with which the fired New Orleans officers found work at ...

Pennsylvania Supreme Court: Police Emergency Lights Next to Parked Car Constitute Seizure

by Dale Chappell

When a Pennsylvania state trooper turned on his emergency lights and pulled next to a car parked on the side of the road, it was an “investigative detention” for which he did not have “reasonable suspicion.” In an issue of first impression before the Pennsylvania Supreme Court, ...

Sheriff Wanted Medical Examiner to Alter Reports

by Dale Chappell

A pair of San Joaquin County forensic pathologists recently quit, citing abusive treatment working under Sheriff Steve Moore. They say Moore tried to influence their decisions in cases, especially on deaths that occurred at the hands of law enforcement.

“I realized that I had to leave to ...

Texas: Retroactive Application of Law That Decriminalized Specific Conduct Not Violation of Separation of Powers

by Dale Chappell

The Court of Criminal Appeals of Texas (“CCA”) held that the state legislature does not violate the Separation of Powers Clause of the Texas Constitution when it exercises its power to repeal criminal laws, and the legislature was within its authority to apply the change to individuals ...

Shocking Video Shows Police Disparity for Same Actions, Different Races

by Dale Chappell

A video posted to Facebook shows a white man walking down the street with an AR-15 assault rifle on his shoulder. The police approach the man and ask for identification. The man refuses and the cops accept his answer, but ask him why he is carrying the ...

Colorado Springs Police Target Leftist Group's Peaceful Protest

Undercover officers from Colorado Springs Police Department took the stand to explain why they were ordered by the department to embed themselves in a protest called "March Against Imperialism" in March, which resulted in four of the marchers being charge with obstruction.

"Mark" and "Amy" are undercover officers for the ...

 

 

Stop Prison Profiteering Campaign Ad 2
Advertise here
BCI - 90 Day Campaign - 1 for 1 Match