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Category: Falsely Accused

Eve of Trial Evidence

March 25th, 2015

Defense Attorney: “I am moving to suppress the officer’s testimony.”

Prosecution: “Why? We disclosed the evidence as soon as we got it.”

-Flashback 12 hours-

It is the night before trial and your email shows a new message.  It is from the attorney you will be in trial with – tomorrow morning.   He writes, “We just realized that there

SCOTUS, Preliminary Hearings & Brady Material

November 28th, 2013

The United States Supreme Court is deciding whether to hear a case where the prosecution is arguing – Brady evidence is not required to be disclosed before a preliminary hearing.

The cases is: California v. Gutierrez

ISSUES PRESENTED

Does the due process obligation, outlined in Brady v. Maryland, require prosecutors to provide exculpatory evidence to a defendant before …

Due Process, Half-Truths, And Brady Material

November 1st, 2013

Real justice means everyone accused of a crime gets a fair process to defend against the accusations. In many cases due process happens. Our system of justice, however, requires that occurs in all cases. This isn’t exactly an onerous requirement. It starts with the truth.

The truth means…



…the whole truth, not a half-truth. A half-truth is a type …

DUI Posts: From My DUI Blog

September 17th, 2013

Here are the latest posts from my DUI Blog:

  • A Reported Result vs. A Complete Result

In DUI cases, a machine called a gas chromatograph is often used to measure an alcohol concentration in a blood sample.   The measurement, which the machine prints at the end of the process, is called a reported result.  We are finally at the …

New Times: Bill Montgomery Opposes Ethics Rule Requiring Prosecutors to Reveal Evidence of Wrongful Convictions

August 8th, 2013

Stephen Lemons | New Times

As Maricopa County Attorney Bill Montgomery fights to keep Debra Milke behind bars pending a retrial on her overturned murder conviction, he also is fighting a proposed rule to the State Bar of Arizona that would require prosecutors to act on new evidence of a wrongful conviction.

For the past two years, the Arizona …

Milke Wants MCAO Conflicted Off The Case

August 1st, 2013

Here is latest news article on the Milke case. It discusses the potential conflict of interest issues with the Maricopa County Attorney’s Office (MCAO) prosecuting her case after the 9th Circuit Court of Appeals reversed her conviction. The court’s ruling was based upon MCAO’s prior violation of their duty to disclose exculpatory evidence pursuant to Brady v. Maryland

The Latest Ruling In the Massachusetts Crime Lab Scandal

July 28th, 2013

Here is an update of the Massachusetts Crime Lab Scandal:

• In June, 2011, allegations of misconduct at the William A. Hinton State Laboratory Institute in Jamaica Plain (Hinton drug lab) surfaced regarding work performed by Annie Dookhan, a chemist who had been employed in the forensic drug laboratory since November 2003.

• Following an internal review, the Department …

The Milke Case Moves Forward

July 9th, 2013

Yesterday I included the Milke case as one of my favorite Brady decisions. For the non-lawyers, Brady refers to the U.S. Supreme Court case of Brady v. Maryland which held that when the government withholds exculpatory evidence it is a violation of due process “where the evidence is material either to guilt or to punishment.”

Think of it this …

Seven Brady Cases You Should Know

July 8th, 2013

Here are my seven favorite Brady decisions:

1. BRADY V. MARYLAND, 373 U.S.83 (1963)

Both Brady and his co-defendant were found guilty of first-degree murder and sentenced to death. After trial, the prosecutor disclosed to Brady that the co-defendant admitted to the homicide. The court held that the prosecutor’s suppression of the confession violated the Due Process Clause …

Do We Really Care About Prosecutorial Misconduct?

October 18th, 2010

In my experience most prosecutors play by the rules.  They know their ethical duties and abide by them.  However, I, along with many of my colleagues, have observed a growing number of prosecutors that have no problem stepping over the ethics line.  The issue seems more to do with ignorance than intent.

For the most part, the public is …

Arizona Criminal Defense Lawyer Blog

The Arizona Criminal Defense Lawyer Blog is published by Koplow Law Firm. Our criminal practice experience includes a wide variety of defense representation and cases; and is led by Lawrence Koplow, a former prosecutor with the Maricopa County Attorney's Office.

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