Summary
The Center looked at 2341 jurisdictions across the nation and analyzed 11,452 cases of prosecutorial misconduct reviewed by appellate court judges, concluding: "In the majority of cases, the allegation of misconduct was ruled harmless error or was not addressed by the appellate judges, and the conviction stood." Davis saw a glimmer of hope this year when a chief U.S. District Court Judge asked the Massachusetts Board of Bar Overseers to launch disciplinary proceedings against a veteran federal prosecutor who withheld key evidence in a New England Mafia case from the early 1990s.
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Extract
Prosecutorial Misconduct
In March 2003, Delma Banks was strapped to a gurney to await his execution in a Texas prison. Ten minutes before he was to die of a lethal injection, the United States Supreme Court issued a stay of execution.
Nearly a year later, on Feb. 24, 2004, the high court reversed a lower court decision and threw out Banks' death sentence, granting him the right to further appeal his conviction. The basis of the reversal: p...See the full content of this document
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