Category Archives: Prosecutorial misconduct

Should a Court Erase a Prosecutor’s Name from an Opinion about Brady Violations?

Posted on October 17, 2017 by

I was perusing recent opinions from the courts of appeal for possible blog post ideas when I came across an odd-looking errata sheet. Here’s an excerpt: That’s odd, I thought. I took a look at the original opinion in the … Continue reading →

Posted in Appeal, Brady violations, Discovery/Brady, Prosecutorial misconduct | 1 Comment

Hell Hath No Fury Like a Misled Judge: The Aaron Schock Case

Posted on October 11, 2017 by

Elected officials under government investigation try to avoid indictment like any other white-collar client. They know that if charged with a crime, it will be nearly impossible to win re-election. Once indicted, though, they fight back, and fight back hard. … Continue reading →

Posted in Grand jury, Prosecutorial misconduct, Public Corruption | Tagged | Leave a comment

Can a Defendant Get Attorney’s Fees If He’s Acquitted and There’s Prosecutorial Misconduct?

Posted on August 28, 2017 by

In a civil case, a defendant cannot recover attorney’s fees from a plaintiff, even if the defendant wins. There are a few exceptions to the “American rule,” such as a when there’s a statute governing the case or the contract … Continue reading →

Posted in DOJ policy and practice, Prosecutorial misconduct | 1 Comment

Fight the Power, Part III: The David Ganek Complaint

Posted on January 23, 2017 by

In Part I of the series, I introduced the idea that defense counsel are increasingly fighting back against DOJ in creative ways. In Part II, we talked about Sheldon Silver and his defense counsel’s efforts to use DOJ’s very public … Continue reading →

Posted in civil case, DOJ policy and practice, Fifth Amendment, Fourth Amendment, Insider Trading, Prosecutorial misconduct, Search warrant, Securities fraud | Tagged | 3 Comments

Fight the Power, Part II: The Sheldon Silver Case

Posted on January 8, 2017 by

In Part I of this series, I pointed out that DOJ uses the media as a tool to punish defendants. It publicizes indictments, without equally publicizing acquittals and dismissals. This post is the second in a series exploring how defense … Continue reading →

Posted in Dismissal of charges in indictment, DOJ policy and practice, DOJ Statements, Ethics, Grand jury, Prosecutorial misconduct, Public Corruption | 1 Comment

Prosecutorial Misconduct in the Grand Jury But No Dismissal of Charges, Says Ninth Circuit

Posted on October 16, 2016 by

Prosecutors who engage in misconduct are rarely subjected to ethics charges. In a recent case out of the Ninth Circuit, the prosecutor engaged in wrongdoing, the court suggests that he should be referred to the bar, yet there is no … Continue reading →

Posted in Appeal, Money Laundering, Prosecutorial misconduct, Uncategorized | 7 Comments