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March 22, 2010

A few criminal justice cert grants from SCOTUS today

This post at SCOTUSblog provides all the details on cert grants news from the Supreme Court this morning, including these descriptions of the two cases taken up by the Justices that involve criminal justice issues:

Title: Connick v. Thompson
Issue: (1) Does imposing liability for failing to train a prosecutor on a district attorney’s office for a single Brady violation contravene rigorous culpability and causation standards? (2) Does imposing failure-to-train liability on a district attorney’s office for a single Brady violation

Title: Belleque v. Moore
Issues: (1) Whether the Fulminante standard — that the erroneous admission of a coerced confession at the trial is not harmless — applies when a collateral challenge is based on a defense attorney’s decision not to move to suppress a confession prior to a guilty or no contest plea, even though no record of a trial is available for review, and (2) even if it does, is it “clearly established Federal law” for purposes of 28 U.S.C. § 2254(d)(1).

March 22, 2010 at 11:30 AM | Permalink


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I would really appreciate a discussion of the constitutional tort of failure to train a prosecutor. Where is the duty, and how may one link the negligence to a specific damage done to a defendant? Is this a path to piercing the absolute immunity and discretions of the prosecutor? Would love to hear more from anyone with experience making this claim.

Posted by: Supremacy Claus | Mar 22, 2010 5:18:42 PM

FYI, the grant in Connick v. Thompson is limited to the first question only (Scotusblog had this wrong in their original post).

Posted by: Observer | Mar 23, 2010 10:51:59 AM

It is an good decision by the Supreme Court, I am appreciate this kind of decisions.

Posted by: Asset Search | Apr 19, 2010 10:57:10 PM

Yes i read it and and this is the best decision by the supreme court and i am sure that you can found a right way...

Posted by: Asset Search | Apr 20, 2010 4:01:47 AM

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