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	<title>the chetson firm, pllccriminal justice | The Chetson Firm, PLLC &#8211; Aggressive, Professional Raleigh Criminal Lawyers</title>
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		<title>Can prosecutors be sued?</title>
		<link>http://www.chetson.com/2009/09/can-prosecutors-be-sued/</link>
		<comments>http://www.chetson.com/2009/09/can-prosecutors-be-sued/#comments</comments>
		<pubDate>Mon, 28 Sep 2009 23:54:59 +0000</pubDate>
		<dc:creator>Damon Chetson</dc:creator>
				<category><![CDATA[Wake County District Attorney]]></category>
		<category><![CDATA[criminal defense]]></category>
		<category><![CDATA[criminal defense attorney]]></category>
		<category><![CDATA[criminal justice]]></category>
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		<category><![CDATA[prosecutors]]></category>
		<category><![CDATA[wake county]]></category>
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		<guid isPermaLink="false">http://www.chetson.com/?p=198</guid>
		<description><![CDATA[In November the United States Supreme Court will hear Pottawattamie County et al. v. McGhee et al., a case dating back to 1978 that involves prosecutorial misconduct of the worst kind. The question for the Supreme Court is whether an innocent person wrongly convictedA conviction is a formal finding by a court - either following...]]></description>
			<content:encoded><![CDATA[<p>In November the United States Supreme Court will hear <a href="http://www.scotuswiki.com/index.php?title=Pottawattamie_County_et_al._v._McGhee_et_al."><em>Pottawattamie County et al. v. McGhee et al.</em></a>, a case dating back to 1978 that involves prosecutorial misconduct of the worst kind.  The question for the Supreme   Court is whether an innocent person wrongly <span class="domtooltips">convicted<span class="domtooltips_tooltip" style="display: none">A conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a <span class="domtooltips">plea<span class="domtooltips_tooltip" style="display: none">A <span class="domtooltips">plea agreement<span class="domtooltips_tooltip" style="display: none">A plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges.

An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt.</span></span> is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges.

An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt.</span></span> - of guilt.</span></span> because of gross prosecutorial misconduct, including the withholding of evidence from the defense, may sue the prosecutors for civil rights violations.</p>
<p>In 1978, a retired Iowa police officer was killed while working as an off-duty security guard. Prosecutors in Iowa, working with police, manufactured evidence against the two main suspects.  Both were <span class="domtooltips">convicted<span class="domtooltips_tooltip" style="display: none">A conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a <span class="domtooltips">plea<span class="domtooltips_tooltip" style="display: none">A <span class="domtooltips">plea agreement<span class="domtooltips_tooltip" style="display: none">A plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges.

An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt.</span></span> is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges.

An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt.</span></span> - of guilt.</span></span> of murder and sentenced to life without parole, but a subsequent investigation in the 1990s revealed the misconduct.</p>
<p>The Iowa Supreme Court set aside both convictions in 2003, after the men had served 25 years for crimes they did not commit. In an attempt to get something for being wrongly <span class="domtooltips">convicted<span class="domtooltips_tooltip" style="display: none">A conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a <span class="domtooltips">plea<span class="domtooltips_tooltip" style="display: none">A <span class="domtooltips">plea agreement<span class="domtooltips_tooltip" style="display: none">A plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges.

An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt.</span></span> is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges.

An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt.</span></span> - of guilt.</span></span> and suffering 25 years in jail, they attempted to sue the prosecutors, alleging willful misconduct.</p>
<p>In a 1976 case the Supreme Court seemed to create absolute immunity for prosecutors, even those who engage in willful misconduct. The prosecutors in this case claim that government prosecutors, in effect, have the ability to lie, coerce witnesses, and make up testimony, without facing any civil liability for their actions.</p>
<p>If the Supreme Court buys this argument it would severely limit the remedies available to wrongfully <span class="domtooltips">convicted<span class="domtooltips_tooltip" style="display: none">A conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a <span class="domtooltips">plea<span class="domtooltips_tooltip" style="display: none">A <span class="domtooltips">plea agreement<span class="domtooltips_tooltip" style="display: none">A plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges.

An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt.</span></span> is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges.

An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt.</span></span> - of guilt.</span></span> individuals.</p>
<p>North Carolina has had its own experience with wrongful or allegedly wrongful convictions.  <a href="http://en.wikipedia.org/wiki/Darryl_Hunt">Darryl Hunt spent 19 years in jail</a> for a crime he did not commit.</p>
<p>In another case, a <a href="http://news14.com/charlotte-news-104-content/local_news/triangle/614236/commission--sufficient-evidence-of-wrongful-conviction/">three judge panel in Wake County will review</a> Greg Taylor&#8217;s <span class="domtooltips">conviction<span class="domtooltips_tooltip" style="display: none">A conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a <span class="domtooltips">plea<span class="domtooltips_tooltip" style="display: none">A <span class="domtooltips">plea agreement<span class="domtooltips_tooltip" style="display: none">A plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges.

An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt.</span></span> is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges.

An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt.</span></span> - of guilt.</span></span> for murder in 1993.  In that case, another man &#8211; Craig Taylor &#8211; has confessed to the crime. No prosecutorial misconduct has been alleged in this case.</p>
<hr><a href="http://www.chetson.com">Raleigh criminal lawyer</a> Damon Chetson defends people charged with felonies, misdemeanors, traffic and DWI charges in Raleigh, Cary, Apex, and Wake County, NC. Durham Criminal Lawyer Damon Chetson also represents people charged in Wake County, Durham County, Orange County and Chatham County.  The Chetson Firm is available day or night, weekdays or weekends. Call day or night for a free consultation (919) 352-9411.
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