Supreme Court Rules Against Exonerated Inmate Awarded $14M in Damages

A death row inmate whose case may be portrayed in a film starring Ben Affleck and Matt Damon as his two lawyers has suffered a defeat in the U.S. Supreme Court.
John Thompson was seeking to uphold a $14 million judgment obtained after the New Orleans District Attorney’s office withheld exculpatory blood evidence in his trial for attempted armed robbery, leading to a conviction and ramifications in a later murder case. Thompson had maintained that New Orleans District Attorney Harry Connick had failed to properly train prosecutors about their duty to disclose evidence that would be helpful to the defense.
In a 5-4 opinion, the U.S. Supreme Court overturned the award, obtained under Section 1983 of the Civil Rights Act. Justice Clarence Thomas wrote the majority opinion (PDF). A district attorney may not be held liable for a civil rights violation for failure to train prosecutors based on just one failure to disclose, Thomas wrote in Connick v. Thompson.
Posted in ABA Journal Law News by Debra Cassens Weiss   More.

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Defense Lawyer Subpoenas Docs Detailing Prosecutor’s Cash Bonuses for Convictions

A Colorado defense lawyer has filed a motion claiming a prosecutor’s policy of paying bonuses for convictions should result in her office’s ouster in his client’s case.
Public defender Stephen McCrohan won more time to subpoena documents about the bonuses in a hearing on Monday, the Denver Post reports. The motion is the first of many expected to challenge the bonus program created last year by District Attorney Carol Chambers of Arapahoe County.
Posted in ABA Journal Law News by Debra Cassens Weiss    More.

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Blistering 7th Circuit Opinion Fines Lawyer $5K, Orders Him to Alert Clients to Possible Malpractice

After a lengthy civil procedure lesson, the opinion goes on to say that "Greco’s calamitous handling of this litigation in the district court has been followed by a sloppy performance in this court," including "procedural gaffes, three of which led to orders to show cause why the appeal should not be dismissed—and one of which led to his clients’ brief being struck."
The opinion concludes with a finding that Greco "has comported himself unprofessionally," fines him $5,000 (payable within 14 days) and orders him to send copies of the ruling to his clients in the case "so that they may consider whether to file malpractice suits against him."
Easterbrook also calls Greco "a menace to his clients and a scofflaw with respect to appellate procedure" and suggests that the federal district court "may wish to consider whether he should remain a member of its bar."
Reached by the ABA Journal, Greco said he could not comment at this time on the ongoing case. His disciplinary record since his 1989 admission is unblemished, according to the Illinois Attorney Registration and Disciplinary Commission website.
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Move to Reshape Florida's Courts Advances With Backing of House Speaker

From The Ledger.com
By Lloyd Dunkelberger
LEDGER TALLAHASSEE BUREAU 

Published: Friday, March 18, 2011 at 11:40 p.m.
Last Modified: Friday, March 18, 2011 at 11:40 p.m. 

 

( page of 3 )

"TALLAHASSEE | With the backing of House Speaker Dean Cannon, a House panel on Thursday advanced a package of measures that would dramatically reshape Florida's appellate courts, including splitting the Florida Supreme Court into two courts and requiring all appellate judges to face a confirmation vote in the state Senate.  The moves drew criticism from some judges and The Florida Bar, the legal group that represents the state's 90,000 lawyers, but also had support from some business groups, including the Florida Chamber of Commerce.  More.

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