Ethics

A judge found that a federal prosecutor in Kansas with a history of questionable conduct committed misconduct in a drug case, prompting a sharp reduction in the defendant's sentence (article available here).

The court ruled last week that Assistant U.S. Attorney Terra Morehead did not provide evidence to the defense about a witness’s full criminal history or a video that called into question the witness’s credibility in a case involving drug and counterfeiting charges.

For two years, a New Jersey judge used a pseudonym to post roughly 40 publicly available videos on TikTok videos of himself lip-syncing lyrics from popular rap songs; Eleven were deemed inappropriate by the judicial conduct committee. (article available here).

An Oklahoma appeals court on Thursday threw out a first-degree murder conviction because of a sexual relationship between the judge and a prosecutor in the case (article available here).

If prosecutors don't turn over potentially exculpatory evidence and a person on death row finds out about it (by accident) years later, does that mean he gets a new trial? Well, explains the Fourth Circuit over the course of 102 pages, it depends.

The case is Juniper v. Davis, No. 21-00009 (4th Cir. July 19, 2023).

Remember that "it depends" about prosecutors not turning over potentially exculpatory evidence from the Fourth Circuit? Well, that also applies for evidence useful for impeaching government witnesses.

After Illinois man withdraws a plea that exposed him to a likely 35-year sentence for, among other things, distributing heroin, the government returns a superseding indictment including additional charges that expose him to a likely 60-year sentence. He goes to trial, is convicted, and is sentenced to 65 years' imprisonment. But wait! Three weeks after the trial, it comes to light that the man's defense lawyer is addicted to heroin and has struggled with substance abuse for quite some time.

The American Psychological Association is calling for the removal of mental health history questions for those seeking to become licensed attorneys, arguing that prospective lawyers shouldn't be required to reveal whether they've ever been treated for or diagnosed with a mental illness (access press release).

Mr. Kenneth Smith was executed by the state of Alabama and died at 8:25 p.m. CST on January 25, 2024. This was Alabama’s second attempt to execute Mr. Smith. His last words were “‘Tonight, Alabama caused humanity to take a step backwards. . . . I'm leaving with love, peace and light. Thank you for supporting me, love all of you.’”