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*Note: Any opinions, findings, and conclusions or recommendations expressed in Clearinghouse material are those of the author(s) and do not necessarily reflect the views of The Constitution Project.

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Amicus Brief in Buffey v. Ballard (Supreme Court of Appeals of West Virginia)
Justice delayed is justice denied
  • News
  • Washington Times
DNA: a test for justice
Amicus Brief in Turner v. United States (District of Columbia Court of Appeals)
Former judges and prosecutors arguing that the prosecution’s suppression of eyewitness testimony of an alternative perpetrator violated Brady and that the lower court erred in not properly considering the effect of the suppressed evidence and in failing to conduct an independent materiality and cumulative analysis, as required by Brady.
Amicus Brief in Turner v. United States (District of Columbia Court of Appeals)
Former judges and prosecutors arguing that the prosecution’s suppression of eyewitness testimony of an alternative perpetrator violated Brady and that the lower court erred in not properly considering the effect of the suppressed evidence and in failing to conduct an independent materiality and cumulative analysis, as required by Brady.
Amicus Brief in Gathers v. U.S. (District of Columbia Court of Appeals)
Arguing that the trial court committed an error by placing the burden of proof on defendants Gathers and Mitchell, rather than on the government, to prove that there was no reasonable likelihood that false testimony affected their verdict. Federal courts are in agreement that when a prosecutor exploits false testimony, a defendant may raise the claim on appeal even if defense counsel was aware of the false evidence and could have objected during trial, therefore, amici argue that the defendants did not waive their claims.
Amicus Brief in Gathers v. U.S. (District of Columbia Court of Appeals)
Arguing that the trial court committed an error by placing the burden of proof on defendants Gathers and Mitchell, rather than on the government, to prove that there was no reasonable likelihood that false testimony affected their verdict. Federal courts are in agreement that when a prosecutor exploits false testimony, a defendant may raise the claim on appeal even if defense counsel was aware of the false evidence and could have objected during trial, therefore, amici argue that the defendants did not waive their claims.
Kentucky Should Expand Access to DNA Testing
Supreme Court Must Clarify Award of Attorneys’ Fees for Litigation Misconduct, TCP Says
Amicus Brief in Shaygan v. United States (U.S. Supreme Court, Cert. Stage)
Brief from former prosecutors in support of Shaygan arguing that court should grant cert to clarify that Hyde Amendment, which allows acquitted parties to recover attorneys' fees from the government when the position of the United States is in bad faith, allows for the recovery of attorneys' fees from the government when prosecutors intentionally withhold favorable evidence from prevailing defendants.
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