Prosecutorial misconduct can result in a criminal conviction being overturned. I’m a criminal appeals lawyer and I handle these types of cases. Essentially, prosecutorial misconduct is when the prosecutor commits misconduct, and what that means is when the prosecutor violates one of the rules about how there are certain rights defendants have. There are rules about what prosecutors are supposed to do and the rights that defendants have in a criminal case.
Some common examples of prosecutorial misconduct, things that have happened in prior cases and have resulted in convictions being overturned: One example is if the prosecutor is personally vouching for the truth of certain witnesses, trying to convince the jury that the prosecutor somehow knows who’s telling the truth and who isn’t telling the truth. Another example of prosecutorial misconduct that could overturn a conviction is what’s called a “Brady violation”, which means not turning over important evidence to the defense, evidence of innocence, evidence of how a witness has a criminal record or has a record showing that they are untrustworthy. That is considered a Brady violation. Another example of prosecutorial misconduct is when the prosecutor asks improper questions during cross-examination. For example, when cross-examining the defendant, ask questions to the defendant that are irrelevant to the case and would prejudice the jury. For example, asking questions about the defendant’s religious status if it has nothing to do with the case and it is solely to inflame the passions of the jury. Another example is if the prosecutor misstates the facts deliberately in front of the jury in an effort to sway them and get a guilty verdict in a way that is inconsistent with the facts. There are many, many other ways that prosecutors can commit misconduct.
Prosecutors are supposed to be agents of the court. They are supposed to be trustworthy, reliable. Our Criminal Justice System relies on their honesty and them doing the right thing. And so, in the cases that I’ve cited where the prosecutors have done the wrong thing, in any case where the prosecutor commits misconduct, that could be a basis for overturning the conviction. There are different types of appeals for trying to challenge prosecutorial misconduct. One common type of appeal is a direct appeal after a trial and conviction about what happened on the record. Another common type of appeal is called a writ of habeas corpus which is often about things that are not on the record. There is also a federal writ of habeas corpus about violations of federal rights. Many different types of appeals, but essentially prosecutors have a duty to uphold the law and to follow the law and make sure the defendants’ rights are protected.
If you have any questions about prosecutorial misconduct on a case that you’ve been following, you’re welcome to call me. I’d be happy to speak with you or have another member of my firm speak with you. Thank you. Take care.