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Weekly Appellate Report #15

By Brian Cardile | Aug. 5, 2016

Appellate Practice

Aug. 5, 2016

Weekly Appellate Report #15

Brian Morris discusses prosecutorial immunity after 'Garmon v. County of LA;' Ben Feuer previews an OT2016 case that regards race and capital punishment


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This week our guests regard improprieties that plagued two criminal trials.

Brian Morris, of Duane Morris, chats about his Ninth Circuit win in Garmon v. County of Los Angeles, where a prosecutor in an underlying trial obtained medical records of an alibi witness by attesting in an affidavit that the witness was actually the murder victim. The ruling helps illuminate the doctrine of prosecutorial immunity, particularly within the context of California state law.

Then, Ben Feuer continues our preview of SCOTUS' upcoming term, with a look at Buck v. Davis, a case involving race and capital punishment, where a defendant may have been sentenced to death, at least partially, due to the color of his skin. Though the actual question presented is a narrow, procedural one, its underlying facts will certainly attract broad attention.

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Brian Cardile

Daily Journal Staff Writer
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