tag:blogger.com,1999:blog-8597101.post4809105085363261283..comments2024-03-25T20:06:39.794-05:00Comments on Grits for Breakfast: Why aren't prosecutors held accountable when appellate courts find knowing misconduct?Gritsforbreakfasthttp://www.blogger.com/profile/10152152869466958902noreply@blogger.comBlogger20125tag:blogger.com,1999:blog-8597101.post-18755664817213078282011-05-19T19:25:06.569-05:002011-05-19T19:25:06.569-05:00It is common knowledge that Harris County prosecut...It is common knowledge that Harris County prosecuters,cops,judges do whatever the hell they please.Unless your Chuck Rosenthal and are so blatantly corrupt that you have to go.The no tolerance,might makes right mentality has been milked for all its worth.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-48322427085182146672011-05-11T12:31:58.021-05:002011-05-11T12:31:58.021-05:00When I started as an AUSA in the Western District ...When I started as an AUSA in the Western District (I'm no longer there), I was warned that if the Fifth Circuit actually printed your name in an opinion as having committed misconduct, DOJ in Washington automatically initiated an ethics investigation. If, however, the court merely referred to the "AUSA" or the "prosecutor" - no investigation automatically ensued (of course DOJ could decide to investigate the matter sua sponte). I was told that the Fifth Circuit judges were acutely aware of this policy and took great care in deciding whether to single out an offending prosecutor by name - reserving this for the more egregious cases.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-43125599579148858442011-05-11T00:53:38.179-05:002011-05-11T00:53:38.179-05:00A better question is why aren't prosecutors he...A better question is why aren't prosecutors held accountable, period?<br /><br />We need to rid ourselves of the Michael Nifong's of the world and prosecutors like Mary Kellett in Maine: <br /><br /><a href="http://www.change.org/petitions/disbar-assistant-district-attorney-mary-kellett-for-prosecutorial-misconduct" rel="nofollow">http://www.change.org/petitions/disbar-assistant-district-attorney-mary-kellett-for-prosecutorial-misconduct</a><br /><br />My thought is that, if we are really seeking justice in Texas, the state should pay the expenses both sides in criminal trials and/or totally eliminate prosecutorial immunity. It would eliminate the problem of "how much justice can you afford" for defendants and quell the "win at any cost" attitudes of some prosecutors.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-40274680459440657022011-05-10T23:32:19.179-05:002011-05-10T23:32:19.179-05:00Who's going to prosecute all the bad prosecuto...Who's going to prosecute all the bad prosecutors? We need to go after them. The defense attorneys don't do their job half the time.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-2415858699398386152011-05-10T20:25:49.162-05:002011-05-10T20:25:49.162-05:00Sorry to comment so late after everyone is asleep ...Sorry to comment so late after everyone is asleep and on to the next thing, but this is just the tip of the iceberg, a microcosm. Even when unusually heinous, that's about what it takes to get any press. <br /> The systemic corruption (not only endemic) is so thick nothing will be done. Because We The Poor People long ago were dumbed down or didn't care or forgot or gave up; it led to elitist officials. <br /> The State bar does nothing to sanction anyone until something publicly heinous comes out---they're worse than the Catholic Church. The Texas Legislature that voted in the State Bar was nearly all lawyers; it's void. It's tyranny. Beating the citizen beats working.<br /> Now they cover each other, do what's expeditious for the court, and could care less about jurisprudence in favour of the defendant citizen.<br /> Because we stopped policing them, because we stopped tar & feathers, they run amok. you've heard the expression, "hanging is too good for them"? In Latin, 'Duh.'<br /> Grits is wonderful, but it ain't in the public eye. The citizen will continue to take the plastic-bead-filled stick to the forehead, while everyone insists they're just doing their job.<br /> What oversight? What Bill of Rights?johnhttps://www.blogger.com/profile/02808884177035705472noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-56268625236488244832011-05-10T20:18:02.901-05:002011-05-10T20:18:02.901-05:00Grits you asked:
"7:39, who's going to pr...Grits you asked:<br />"7:39, who's going to prosecute a bad prosecutor? Themselves?"<br /><br />REALLY! Is there anyone in the system who is not a candidate for being bought off or receiving a "favor"? Once truth and justice are kicked out - what do we have left?<br /><br />The highest court in the nation throws it back and it lands squarely in the hands of the true offender? Who wrote the procedures manual for this stuff?Audreyhttps://www.blogger.com/profile/04316183416545492160noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-37664069393879029392011-05-10T16:18:10.476-05:002011-05-10T16:18:10.476-05:00Grits you asked:
"7:39, who's going to pr...Grits you asked:<br />"7:39, who's going to prosecute a bad prosecutor? Themselves?"<br /><br />How about Federal Prosecutors? Turn it into a Federal gig when state officials cannot properly use the law. Create an office that works outside of the state and federal Attorney line of march and then put a few felonies on the books that apply solely to DA/ADA/Judge types. All jury trials, and solely composed of exonerees.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-24918576125695558502011-05-10T16:17:48.847-05:002011-05-10T16:17:48.847-05:00Hyde Amendment for Texas state courts! I wonder ho...Hyde Amendment for Texas state courts! I wonder how many reversals there have been because of federal prosecutorial misconduct---i.e. AUSAs? I bet it's a whole lot less than State prosecutors....Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-48687171870771424782011-05-10T15:58:16.344-05:002011-05-10T15:58:16.344-05:0001:13
The "REAL CRIMINALS" who should be...01:13<br />The "REAL CRIMINALS" who should be in prison are the curent prison employees. All of them should be in prison?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-90858162674891901042011-05-10T13:13:30.156-05:002011-05-10T13:13:30.156-05:00I said it before and I say it again the "REAL...I said it before and I say it again the "REAL CRIMINALS" who should be in prison are as follows: Judges, Da's office personnel and the curent prison employess. Then let's take a look at the law makers next.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-64943324865163717112011-05-10T13:02:17.799-05:002011-05-10T13:02:17.799-05:00Perhaps the answer to your question lies in the co...Perhaps the answer to your question lies in the comment made by the dissenters in Banks that "there is very little evidence in the record that the prosecutors actually knew of [the witness's] payment by [the police.]" Brady claims frequently turn on information known by law enforcement that is imputed to, but never actually known by, the prosecution. For the most part, prosecutors' offices depend on cases being investigated by autonomous law enforcement agencies and later filed with the DA's office. While in an ideal world Brady material would always be included in those police reports, that's just not always the case.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-31132547351819872582011-05-10T12:10:52.495-05:002011-05-10T12:10:52.495-05:00What have we learned today?
The Appellate Courts...What have we learned today? <br /><br />The Appellate Courts are covering for their brothers and sisters. GFB had 12 ADAs chime in voting to "keep thangs the same". And only two ADAs grew a pair of (plactic) balls and whispered their opinion. Now that's either the monster of cowardness or an attempt to be best buds with Grits?<br /><br />Most interesting was learning that only 99% of the Appellate decisions list both sides names. WTF? Take a stand and demand that 'all' names be published or consider changing Texas to Texachina, Texasussia. Thanks.Thomas R. Griffithhttp://www.projectnotguilty.comnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-61920646079212829552011-05-10T06:42:31.431-05:002011-05-10T06:42:31.431-05:00Hi there Boys and Girls, Yes its true we do have a...Hi there Boys and Girls, Yes its true we do have an avenue to explore relief for ineffective defense counsel, but if you tell a judge that the prosecutor just up and lied all you get is "Well suppers on the table Y'all be good now." As far as who will prosecute the errant DA, I suggest something like the Internal Affairs office for the State. Boy that would meet with some prosecutor resistance. In fact I dont think there is a county in Texas that wouldnt scream at the top of their lungs about that. Of course His royal Hienie King Rick would never allow something that made that much sense, so no danger there. There is my 2 cents worthThe Homeless Cowboyhttps://www.blogger.com/profile/17004267716709384953noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-15730780650607133522011-05-10T04:29:37.216-05:002011-05-10T04:29:37.216-05:0010:27, I'm totally with you on that.
7:05, th...10:27, I'm totally with you on that.<br /><br />7:05, this post nowhere defends ineffective defense lawyers, but the difference is a) the state bar sometimes actually disciplines for that, unlike prosecutorial misconduct, and b) criminal lawyers are liable in civil court to their clients (which is why they all carry liability insurance) whereas prosecutors have "absolute immunity."<br /><br />7:39, who's going to prosecute a bad prosecutor? Themselves?Gritsforbreakfasthttps://www.blogger.com/profile/10152152869466958902noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-27878150489090129902011-05-10T02:54:38.198-05:002011-05-10T02:54:38.198-05:00Thanks for the Delma Banks reference. I've liv...Thanks for the Delma Banks reference. I've lived in Bowie County, either in or next to Texarkana, since 1989.<br /><br />I've never gotten a straight story on this case from the local media. The links you provided helped clarify the background story.KBCraignoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-19105048306103049772011-05-10T01:25:26.501-05:002011-05-10T01:25:26.501-05:00what i want to know is why in the hell is there a ...what i want to know is why in the hell is there a retrial and what retard of a DA is allowing a lawyer the courts said was a fruad and crimnal handed the same retrial in the first place.<br /><br />I know he should be glad it's not me. since 3 sec after we were both in the same room i'd certainly be standing trial for an EXECUTION .....HIS!<br /><br />and i'd take my chances with a REAL DA once i put all the evidence of his lies and fraud in front of a real jury!rodsmithnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-79933404516659073212011-05-09T22:27:10.763-05:002011-05-09T22:27:10.763-05:00One suggestion - and one that would be wildly unpo...One suggestion - and one that would be wildly unpopular with both defense and prosecution - is that all appellate opinions should include not only the names of the appellate counsel (which is standard practice once the case is publishsed or available on Westlaw/Lexis) but that trial counsel on both sides should also be named. So when the opinion says that someone did or did not do something, we all know who that person is. At the moment, 99% of appellate opinions don't do that. <br /><br />And I don't know about "tons" of cases being tossed because of IAC - it's not that common, and poor performance by the attorney is not enough: the appellant also has to show that the errors of the attorney caused prejudice as well. In many case the performance will be found to be inadequate but the appellate courts opine (sometimes correctly. sometimes not) that the errors did not make a difference to the result.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-54477155842213227572011-05-09T19:58:13.370-05:002011-05-09T19:58:13.370-05:00tons of convictions are
tossed out b/c the defenda...<i>tons of convictions are<br />tossed out b/c the defendant rec'd<br />ineffective assistance of counsel</i><br /><br />Take a basic logic class and learn the difference between intentionally suborning (and demanding!) perjury, and negligence. <br /><br />Also, nobody is arguing that negligent defense lawyers should remain licensed. But negligence can rarely be prosecuted. Fraud, perjury and witness intimidation can. <br /><br />RageAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-88534805498091002792011-05-09T19:39:40.047-05:002011-05-09T19:39:40.047-05:00Send them to prison, just like you do cops who bre...Send them to prison, just like you do cops who break the rules. Judges are next.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-9899164680985729472011-05-09T19:05:47.939-05:002011-05-09T19:05:47.939-05:00Interesting post grits. You're
question is a ...Interesting post grits. You're<br />question is a double edged sword,<br />in that tons of convictions are<br />tossed out b/c the defendant rec'd<br />ineffective assistance of counsel.<br />Yet, these attys are still <br />practicing, still representing<br />criminal defendants. <br /><br />And what ever happened to all the<br />court appointed attorneys who plead<br />out the Tulia defendants? Are they<br />still practicing?<br /><br />The answer to all these questions,<br />is that since "lawyers regulate themselves" the bar does a terrible<br />job at ferreting out bad lawyers.<br />Lawyers sitting on local grievance committees in judgment of fellow local lawyers. Not a good system.Anonymousnoreply@blogger.com