cases in texas where a defense attorney is prosecuted for not disclosing information

Does the defense have to disclose evidence to the prosecution?

Feb 20, 2022 · A Texas newspaper wrongly claimed a local attorney leaked the name of a government informant. That informant was later murdered in 2007 by his own criminal organization. However, the allegations published by the publication are erroneous, federal law enforcement officials revealed to Breitbart Texas. The issue first came to light on February 10, …

Can prosecutors spring evidence on defendants through discovery?

(Brownsville, Texas) Attorneys for Melissa Lucio today filed two separate motions to remove Judge Gabriela Garcia, who is assigned to Ms. Lucio’s case, and District Attorney Luis Saenz because two key members of Ms. Lucio’s original defense team now work for them. Assistant District Attorney Peter Gilman and Judge Garcia’s court ...

What is prosecutorial misconduct in a Texas criminal case?

Jun 03, 2012 · Singh v, Prunty (9 th Cir. 1998): Brady violation because of “favorable deal” given to a star witness and not disclosed. United States v. Santiago f (9 th Cir. 1995): Brady violation because prosecutor had knowledge of and access to inmate files, including the defendant’s files held by Bureau of Prisons. Phillips v.

How is Discovery intended to help the defendant?

Jan 14, 2022 · Texas courts have uniformly rejected this defense. Just recently, the Texas First District Court of Appeals in Houston refused to issue a writ of habeas corpus in a pretrial challenge mounted by one such defendant. The case before the First District, Ex Parte McGregor, is an ongoing prosecution. A Harris County grand jury indicted the defendant for allegedly …

Does the defense have to disclose evidence in Texas?

Prosecutors in Texas must disclose almost all of the evidence in their possession to the defense. ... According to § 39.14(h), evidence tending to negate the guilt or mitigate the punishment of a defendant must be disclosed, regardless of whether the evidence is considered material or requested by the defense.Mar 18, 2021

What are 3 examples of prosecutorial misconduct?

Failing to turn over exculpatory evidence. Tampering with evidence. Knowingly presenting false witness testimony or other false evidence to a court or grand jury. Asking a defendant or defense witness damaging and suggestive questions with no factual basis.

Does the Defence have to disclose evidence?

The defence also have to disclose to the prosecutor and the court advance details of any witnesses they intend to call at a trial (see paragraph 14 below).Sep 7, 2020

What are the four types of prosecutorial misconduct?

In general, there are four main types of prosecutorial misconduct in the criminal justice system....These are:failing to disclose exculpatory evidence,introducing false evidence,using improper arguments, and.discriminating in jury selection.

What constitutes vindictive prosecution?

Vindictive prosecution has been defined by the United States Court of Appeals for the Seventh Circuit as behavior that results from "specific animus or ill will" or that occurs when a prosecutor "charges a more serious violation . . . in retaliation for the exercise of a legal or constitutional right in connection with ...

What is overzealous prosecution?

Overzealous prosecution refers to someone instituting legal proceedings against a defendant for criminal behavior with the intention to support an excessive enthusiasm for some cause,rather than with any genuine basics for the suit.

What types of evidence must be disclosed by the prosecution?

Under the U.S. Constitution, the prosecution must disclose to the defendant all evidence that proves guilt as well as all evidence that proves innocence. Evidence generally falls into three categories, inculpatory, exculpatory, and impeachment.Mar 9, 2020

What is common law disclosure?

Common Law Police Disclosure (CLPD) ensures that where there is a public protection risk, the police will pass information to the employer or regulatory body to allow them to act swiftly to put in measures to mitigate any danger.

What is unused evidence?

The material that is not used as evidence is known as unused material. Unused material is material that is relevant to the investigation but which does not actually form part of the case for the prosecution against the accused.Sep 30, 2019

What are common ethical violations of a judge?

Common complaints of ethical misconduct include improper demeanour; failure to properly disqualify when the judge has a conflict of interest; engaging in ex parte communication and failure to execute their judicial duties in a timely fashion. Behaviour outside of the courtroom can also be at issue.

What happens when a prosecutor is unethical?

A prosecutor's refusal to reveal exculpatory evidence may be immoral, unethical and illegal – and it may result in the imprisonment or death of innocent individuals – but the unethical prosecutor is never prosecuted. ... There is no credible disincentive to discourage prosecutors from violating the rules of ethics.

Which is the most common type of prosecutorial misconduct?

suppressionSuppressing or Fabricating Evidence The most common incidence of prosecutorial misconduct involves the suppression or fabrication of exculpatory evidence, or evidence that might lead to the exoneration of the person suspected of the crime.

Can Prosecutors Spring Evidence on Defendants Like They Do on TV?

No. In the past, prosecutors could guard evidence fromdefendants with the same fervor toddlers show in protecting toy trucks anddolls from their si...

Are Discovery Rules Really Intended to Help Defendants at Trial?

Not exclusively. Sure, advance disclosure promotes fairertrial outcomes, but it also promotes case settlement, which saves judicial timeand resourc...

Does Discovery Mean That The Prosecution Has to Reveal Its Case Strategy?

No. Discovery rules generally distinguish between rawinformation like names of witnesses, police reports, and drug or alcohol testresults, and atto...

Is There A Particular Period of Time Prior to Trial When The Defense Issupposed to Engage in Discovery?

Not really. Prosecutors can’t disclose all discovery on theeve of trial, but on the other hand, they don’t have to divulge it all way aheadof time....

Understanding Defense Strategies

It is NOT a Defense to prosecution that the person depicted in the visual material created or consented to the making of the material, nor that they voluntarily transmitted the material to the person making the disclosure.

Criminal Penalties

Unlawful Exposure or Promotion of Intimate Visual Materials is a State Jail Felony, carrying a range of punishment of 6 months to 2 years in a State Jail Facility and up to a $10,000 fine. It should also be noted that if these materials contain images of a minor, a person may also be prosecuted under other sections of the Texas Penal Code.

Accused of Unlawfully Disclosing Private Images?

If you’re the subject of an investigation or are facing criminal charges for Unlawful Disclosure or Promotion of Intimate Visual Materials, Houston sex crimes lawyer Jack B. Carroll urges you to arrange a meeting as soon as possible and we’ll review your case thoroughly.

Why was Pelullo v. Brady a violation?

United States v. Pelullo (3d Cir. 1997): Brady violation because an FBI agent’s undisclosed notes and FBI surveillance tapes could have been used to impeach government witness whose credibility was central to case.

What is the Bell case?

Bell (U.S. 2009): Observed, without specifically holding, that a prosecutor’s pre-trial obligations to disclose favorable or impeaching evidence, either to guilt or punishment, “may arise more broadly under a prosecutor’s ethical or statutory obligations” than required by the Brady/Bagley post-conviction “materiality” standard of review.

Which amendments did Brady v. Maryland have?

Brady v. Maryland (U.S. 1963) held that a prosecutor under the Fifth and Fourteenth amendments has a duty to disclose favorable evidence to defendants upon request, if the evidence is “material” to either guilt or punishment.

Why was White v. Helling a Brady violation?

1999) found a Brady violation in a 27 year old murder case because the Government did not disclose that its chief eyewitness had originally identified someone else and identified the defendant only after several meetings with the police.

What was the Brady violation in the case Boyd v. United States?

United States v. Boyd (7 th Cir. 1995): Brady violation for failure to disclose drug use and dealing by Government witness and “continuous stream of unlawful favors” including phone privileges, presents, and special visits.

What is the Brady violation?

1988): Brady violation when, after request by defendant, Government does not disclose information in probation file relevant to witness’s credibility on ground that it was privileged.

Why was the Rule 16 violation in Matthews?

1994): Rule 16 violation because the government attorney withheld a letter written by the defendant instead of disclosing it within a timely manner.

Why is discovery important?

Discovery is likely a significant reason why at least 90% of criminal cases settle before trial. Issues regarding settlement aside, discovery is intended to help defendants in the sense that prosecutors must hand over certain information that's helpful to the defense.

What is Vy Tummin charged with?

Vy Tummin is charged with assault and battery on a police officer. Vy claims that she reacted in self-defense to the police officer's use of illegal force. The prosecutor plans to show a videotape of the incident to the jury. The prosecutor also has prepared a file memorandum as a self-reminder about what portions of the tape to emphasize during the trial and why those portions are especially significant. Vy's lawyer demands to see the videotape and all the prosecutor's trial memoranda. Discovery rules allow Vy's lawyer to see the videotape. But the prosecutor won't have to turn over the memorandum. The memo is the prosecutor's work product because it contains strategic analysis.

What are the requirements for a criminal trial?

According to a criminal defense attorney Santa Ana, CA, the answer is yes — but with some limitations. Unlike the broad discovery requirements for prosecutors, California law provides that defendants are obligated to provide the following information to the prosecution: 1 The names and addresses of persons, other than the defendant, he or she intends to call as witnesses at trial; 2 Any relevant written or recorded statements of any of these potential witnesses persons; 3 Any expert reports, including the results of physical or mental examinations, scientific tests, experiments, or comparisons which the defendant intends to offer in evidence at the trial; 4 Any real evidence which the defendant intends to offer in evidence at the trial (tangible objects, like a knife or a piece of clothing)

What is Brady material?

In criminal cases, the prosecution has an obligation under the constitution to turn over what is known as Brady material. Named after a United States Supreme Court case, this requirement extends to all material, exculpatory evidence. In other words, if the evidence is relevant to the guilt, innocence or punishment of the defendant, ...

What is expert testimony?

Any relevant written or recorded statements of any of these potential witnesses persons; Any expert reports, including the results of physical or mental examinations, scientific tests, experiments, or comparisons which the defendant intends to offer in evidence at the trial;

Texas Law & Unlawful Disclosure Offenses

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Understanding Defense Strategies

Criminal Penalties

Accused of Unlawfully Disclosing Private images?