tag:blogger.com,1999:blog-5945843206427351559.post9040397484168073442..comments2024-01-25T14:51:13.377-05:00Comments on Gamso - For the Defense: It's Not Just a Procedure, It's Due Process Jeff Gamsohttp://www.blogger.com/profile/09869425697771419546noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-5945843206427351559.post-10203585361461541052014-04-11T14:08:33.567-04:002014-04-11T14:08:33.567-04:00A couple of days ago on SJ there was an article ab...A couple of days ago on SJ there was an article about a Bronx prosecutor named Megan Teesdale, who did a big Brady no-no. Some of the commenters appeared to be lawyers, and probably prosecutors, one of whom offered the opinion that "due process" for a criminal defendant was strictly about a "fair trial" (wrong, but lots of prosecutors seem to think that); but more importantly, he offered the opinion that a judge could only dismiss charges for that kind of due process violation with the prosecutor's consent.<br /><br />And a lot of prosecutors would think that, too. Maybe they're taking their cue from US v. WIlliams, 504 US 36 (1992).<br /><br />I've been writing a lot about this issue lately. The 7th Circuit has been weighing in quite a bit recently as well. See Fields v. Wharrie, decided in January.<br /><br />Ugh. What a mess, when lawyers think court can't dismiss charges for a violation of due process.<br /><br /><br /><br />John Reganhttp://strikelawyer.wordpress.comnoreply@blogger.com