Category Archives: Prosecutorial misconduct

S.C. Supreme Court holds that solicitor control of the docket is unconstitutional

In State v. Langford, released today, the S.C. Supreme Court held that Section 1-7-330 of the S.C. Code, which grants absolute control of the criminal docket to the circuit solicitor (prosecutor’s office), is unconstitutional because it violates the separation of … Continue reading

Posted in Appellate Opinions, Fifth Amendment, Indigent Defense, Prosecutorial misconduct

Pottawatamie County civil rights trial – “if they can do it to the least of us they can do it to anybody”

Gerry Spence is back in the courtroom, trying a civil rights case against two Pottawatamie County police investigators who were responsible for the wrongful convictions of Terry Harrington and Curtis McGhee for the murder of a retired police officer.  According … Continue reading

Posted in Jury trials, Personal Injury, Police Misconduct, Post Conviction Relief, Prosecutorial misconduct, Wrongful Convictions

Why are corporations acting as prosecutors in our criminal courts?

A few weeks ago I had to sit through a morning of bench trials in one of our local magistrate courts, waiting for the judge to get to my hearing on a motion to quash a warrant.  Watching pro-se defendants … Continue reading

Posted in Appellate Opinions, Ethics, Politics, Prosecutorial misconduct

Lawyer and police misconduct update

Lexington attorney Richard Breibart has been indicted in federal court on multiple wire fraud and extortion charges.  The closing of Breibart’s office resulted in a large number of clients who were left without counsel, as well as many who were … Continue reading

Posted in Ethics, Police Misconduct, Prosecutorial misconduct

D.C. defense lawyer convicted of fabricating evidence

D.C. criminal defense lawyer Charles Daum was convicted at a bench trial on Friday of charges related to manufacturing evidence and suborning perjury.  Two investigators who worked with him were convicted of conspiracy to obstruct justice. The Blog of Legal … Continue reading

Posted in Ethics, Evidence, Federal Criminal Defense, Jury trials, Police Misconduct, Prosecutorial misconduct, Wrongful Convictions

Lexington County Solicitor Donnie Myers stopped for DUI again

He was stopped for DUI, and the narrative in the article, taken from the video, reads like a typical incident report in a DUI case, but the trooper only charged him with open container.  The trooper says Myers was driving … Continue reading

Posted in Ethics, Police Misconduct, Prosecutorial misconduct

One year suspension recommended for Florida prosecutor’s ex parte contacts with judge

Former Florida homicide prosecutor Howard Scheinberg was found guilty of professional misconduct and a referee for the Florida bar has recommended a one-year suspension, for misconduct while trying a death penalty case.  According to the Sun-Sentinel, Scheinberg had 949 phone … Continue reading

Posted in Ethics, Prosecutorial misconduct

Andrew Thomas and Lisa Aubuchon disbarred

Former Maricopa County, Arizona, Attorney Andrew Thomas and his deputy, Lisa Aubuchon, were disbarred today.  Another deputy, Rachel Alexander, was suspended from the practice of law for six months.  These were the county attorneys working with Sheriff Joe Arpaio, who … Continue reading

Posted in Ethics, Police Misconduct, Prosecutorial misconduct Tagged , , , , , ,

Cell phone tracking by police is now routine

According to an article published yesterday in the NY Times citing thousands of documents obtained by the ACLU from 205 police departments nationwide, cell phone tracking by police departments across the country has become a routine activity. The practice has … Continue reading

Posted in Ethics, Fourth Amendment, Law, science, and technology, Police Misconduct, Prosecutorial misconduct

Highway Patrol threatens jail time for traffic violations

Trooper D.P. Boulware of the S.C. Highway Patrol has been sending letters to people charged with minor traffic violations, threatening them with jail if they challenge their ticket and suggesting that the local magistrate is complicit in putting citizens in … Continue reading

Posted in Ethics, Police Misconduct, Prosecutorial misconduct