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Tag Archives: prosecutorial misconduct

09-4043 U.S. v. Freeman

Criminal Procedure New trials; prosecutorial misconduct Where the government knowingly presented false testimony, the district court properly granted the defendant a new trial. “The comments at issue were made during the rebuttal portion of the government’s closing argument, so there was no opportunity for the defense to counter the statement. And a curative instruction would have had little effect. Indeed, ...

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2009AP2995-CR State v. Starks

Criminal Procedure Ineffective assistance; prosecutorial misconduct Adrian Starks appeals a judgment of conviction for two counts of first-degree reckless homicide by delivery of drugs and one count of delivery of heroin. Wis. Stat. §§ 940.02(2)(a) and 961.41(1)(d)4. (2003-04). He also appeals the order denying his motion for postconviction relief. Starks argues that he received ineffective assistance of trial counsel for ...

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10-1099 U.S. v. Lathrop

Criminal Procedure Prosecutorial misconduct Although it was improper for the prosecutor to falsely say a government witness confessed to fulfill a promise to his dying mother, a new trial is not required. “While it is a close case, we find that these factors weigh against a finding of prejudice. It is true that the remarks were neither invited by the ...

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2009AP1965-CR State v. Olson

Criminal Procedure Self-representation; ineffective assistance; speedy trials; prosecutorial misconduct; double jeopardy A jury convicted Jeffrey Edward Olson of three counts of second-degree sexual assault of two family members when the victims were minors. Olson appeals pro se from the judgment of conviction and from the order denying his motions for postconviction relief after hearing held pursuant to State v. Machner, ...

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