Prosecutor misconduct cases

March 6, 2009
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For those current and aspiring prosecuting attorneys out there, read two of today’s Court of Appeals opinions to learn what not to do while at trial. The appellate court dealt with two cases of prosecutorial misconduct but found both were harmless enough not to warrant a reversal of convictions.

The cases are Artillius Washington v. State, out of Tippecanoe County, and Travis Johnson v. State , from St. Joseph County.

In Washington’s case, the Court of Appeals found the deputy prosecuting attorney’s remarks about defense counsel during closing to be clearly unprofessional and unacceptable, including the statement, “I could get just as improper and I get jury verdicts returned all the time on this very evidence. All the time. Guilty.”

The appellate court went on to chastise the attorney, saying upon reflection, the attorney should recognize that behavior has no place in the practice of law. But because Washington didn’t show how those comments had any likely effect on the jury that prejudiced him, he wasn’t denied a fair trial.

In Johnson’s case, the prosecutor committed misconduct by repeatedly referring to Johnson’s right to an attorney. The trial court even interrupted her closing arguments after she said “You need a lawyer when you know you’ve done something wrong.” As a result, the trial court admonished the jury saying the prosecutor’s comments can’t be considered in determining Johnson’s guilt. Because of the evidence of Johnson’s guilt and the admonishment, it was enough to make the error harmless, according to the Court of Appeals.

Any thoughts on these cases or any prosecutorial misconduct or missteps you’ve witnessed?
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  • misconduct in wabash county
    William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

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  1. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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