Saturday, October 7, 2023

Courts in two separate cases in Louisiana deny motions to dismiss in cases against prosecutors for wrongful convictions

A federal judge recently denied the New Orleans District Attorney’s motion to dismiss a wrongful conviction claim by a man who spent 26 years in prison for murder based on the acknowledged unconstitutional suppression of favorable evidence by prosecutors under a former D.A.  You can read the ruling here.

Meanwhile, in another case, a federal court declined to dismiss a former criminal defendant’s misconduct claims against a prosecutor after the man was freed from 44 years spent in prison for two rapes he did not commit. The prosecutor allegedly fabricated a police report to defeat the former prisoner’s alibi, behavior that would be excepted from prosecutorial immunity.  You can read the ruling here

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