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United States v. Shelley M. Richmond Joseph and Wesley MacGregor (2019) was the federal criminal prosecution of a Massachusetts state court judge (Joseph) and court officer (MacGregor) for helping a state court defendant evade federal immigration authorities by allowing him to leave a court hearing through a rear door of the courthouse.
The question addressed by the court was whether a district court may properly dismiss an indictment when the prosecutor withheld "substantial exculpatory evidence" that could lead the grand jury to reject the indictment but does not necessarily rise to the level of prosecutorial misconduct, which would require the dismissal of an indictment. [2]
White-Collar Crime columnists Elkan Abramowitz and Jonathan S. Sack provide a brief examination of the heavy burden on defendants who claim misconduct in grand jury proceedings. They then discuss ...
In jurisprudence, prosecutorial misconduct or prosecutorial overreach is "an illegal act or failing to act, on the part of a prosecutor, especially an attempt to sway the jury to wrongly convict a defendant or to impose a harsher than appropriate punishment." [1] It is similar to selective prosecution. Prosecutors are bound by a set of rules ...
Donald Trump's lawyers are urging the New York judge in his criminal hush money case to throw out his conviction based on unsworn allegations of "grave juror misconduct" that prosecutors have ...
The doctrine makes it nearly impossible for victims of prosecutorial misconduct to get recourse. Sotomayor Is Right: The Supreme Court Should Reevaluate Absolute Immunity for Prosecutors Skip to ...
A grand jury's constitutional role is to prevent prosecutorial misconduct, verifying that the presented information (accusation) is sufficient evidence to pursue a prosecution. To achieve this, a grand jury is given investigative powers such as being able to issue subpoenas and compel witnesses to testify without a lawyer present. [6]
The key point is that Concord police paid the informant, who worked with police on drug cases, $80 to testify to a federal grand jury about Craigue, a fact not disclosed to defense attorneys.