The Kelley Institute
Law of Lawyering
Supreme Court Review
Cases tagged as: prosecutorial misconduct
Connick v. Thompson
131 S. Ct. 1350 (2011) (PDF)
District attorney's office was held not liable under 42 U.S.C.S. § 1983 for failure to train prosecutors on basis of single violation of requirement--under Brady v. Maryland, 373 U.S. 83 (1963) to disclose material exculpatory evidence to defense.
Pottawattamie County v. McGhee
130 S.Ct. 1047 (PDF)
The issue in this case was whether the doctrine of prosecutorial immunity applied where two prosecutors secured false testimony and introduced it at trial. The parties settled after oral argument.
Salinas v. Texas
The Court held 5-4 that a prosecutor was not barred by the Fifth Amendment to mention in trial,as evidence of possible guilt, a defendant's silence and refusal to answer police questions before the defendant was placed into custody or read his Miranda Rights. The Court ruled that the defendant must expressly invoke his privilege not to incriminate himself in response to officers' questions.
Smith v. Cain
132 S.Ct. 627 (2012) (PDF)
Under Brady v. Maryland, the State violates a defendant's right to due process if it withholds evidence that is favorable to the defense and material to the defendant's guilt or punishment. In this case, defendant was convicted of first-degree murder based on the testimony of a single eyewitness. The Court held that the eyewitness testimony was the only evidence linking defendant to the crime, and the eyewitness's undisclosed statements contradicted his testimony. As a result, the eyewitness's statements were material, and the State's failure to disclose those statements to the defense thus violated Brady.