Monthly Archives: January 2012

January 16, 2012
9:51 am
by: Bobby G. Frederick

When is the victim the prosecutor’s client?

The Indiana Supreme Court publicly reprimanded a prosecutor for allowing the victim in a case to dictate the terms of the defendant’s plea agreement, finding that the prosecutor “engaged in conduct prejudicial to the administration of justice.” Respondent, however, did … Continue reading →

Posted in Ethics, Prosecutorial misconduct

January 15, 2012
10:35 am
by: Bobby G. Frederick

S.C. police misconduct update

Lancaster County Sheriff’s Deputy Dale Perdue was fired and charged with burglary third degree, petit larceny, and misconduct in office after allegedly stealing construction materials from a home, while in his patrol car. A Seneca, S.C. police captain was demoted … Continue reading →

Posted in Police Misconduct

January 13, 2012
10:04 am
by: Bobby G. Frederick

Power – the slippery slope

The Montrose County, Colorado, District Attorney Myrl Serra has been disbarred following his convictions for criminal extortion, unlawful sexual contact, violating a protective order, harassment, and violating the conditions of his bail. There were multiple allegations against Serra of fairly … Continue reading →

Posted in Ethics, Musings, Prosecutorial misconduct

January 9, 2012
11:56 am
by: Bobby G. Frederick

Atlantic Beach mayor arrested again

Retha Pierce was arrested for DUI Sunday night in Conway, S.C. Although she had prescription drugs on her, her breathalyzer result was 0.00. According to the article, she refused a urinalysis because they would not allow her to retain half … Continue reading →

Posted in DUI DWI Driving Under the Influence, Local

January 8, 2012
2:51 pm
by: Bobby G. Frederick

Local officers who have moved on

I’ve begun compiling a list of local officers who have left law enforcement, gone to other agencies, been fired for misconduct, etc. I’ll create a category for this post on the side bar so it can be easily found and … Continue reading →

Posted in Uncategorized

January 8, 2012
1:49 pm
by: Bobby G. Frederick

Tallahassee to pay $2.6 Million settlement for Rachel Hoffman’s death

The City of Tallahassee is set to pay a $2.6 Million dollar settlement for the death of Rachel Hoffman, a Florida girl who was murdered after being forced to work as an informant for Tallahassee police following her arrests for … Continue reading →

Posted in Police Misconduct, War on drugs

January 7, 2012
2:55 pm
by: Bobby G. Frederick

New Yorkers jailed for putting their feet up on the subway

According to a NY Times article, New Yorkers are routinely jailed for not sitting properly on subway seats: It is perhaps the most minor crime New Yorkers are routinely arrested for: sitting improperly on a subway seat. Seven years ago, … Continue reading →

Posted in Legislation

January 7, 2012
2:12 pm
by: Bobby G. Frederick

Observations at Preliminary hearings

1) The Horry County Public Defenders Office waives all preliminary hearings, without regard to the client’s case or whether the client wants a preliminary hearing. A prosecutor goes down the list of names, called in alphabetical order. Behind the bar … Continue reading →

Posted in Ethics, Indigent Defense

January 7, 2012
11:00 am
by: Bobby G. Frederick

Substantial circumstantial evidence – State v. Odems

In State v. Odems, decided on December 28, 2011, the S.C. Supreme Court looked at how much circumstantial evidence is enough to survive a directed verdict, when there is no direct evidence of a defendant’s guilt. Odems was convicted of … Continue reading →

Posted in Appellate Opinions, Evidence

January 6, 2012
9:06 pm
by: Bobby G. Frederick

Jury selection in magistrate court

In State v. Johnson, decided January 4, 2012, the S.C. Court of Appeals held that section 22-2-90 of the South Carolina Code does not require that a minimum of 40 jurors be present in the jury pool in magistrate court. … Continue reading →

Posted in Appellate Opinions, Jury trials