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Prosecutorial Misconduct- When Prosecutors Cross the Line
Prosecutorial misconduct is an issue that comes up mainly on appeal. Prosecutors have broad power and Courts typically will not intefere with the exercise of their discretion, however that power is not unlimited.
As the United States Supreme Court has admonished, a prosecutor "is in a peculiar and very definite sense the servant of the law, the twofold aim of which is that guilt shall not escape or innocence suffer. He may prosecute with earnestness and vigor-indeed, he should do so. But, while he may strike hard blows, he is not at liberty to strike foul ones." Berger v. United States, 295 U.S. 78, 88, 55 S.Ct. 629, 633, 79 L.Ed. 1314 (1935).
To learn more about prosecutorial misconduct in Oklahoma see the opinions and briefs below.
Cases, Briefs and Opinions concerning Prosecutorial Misconduct
Below are two seperate cases where the Oklahoma Court of Criminal Appeals found prosecutorial misconduct and granted, both of these cases were issued on the same day and both of these cases were out of Tulsa County. Both of these cases involved the same issue, prosecutors misstating the law as it related to the meaning of a life sentence.
Renese Bramlett v State, 2018 OK CR 19
Glendell Dewayne Lee v. State, 2018 OK CR 14
For a detailed explination of direct appeal, Oklahoma post conviction relief and federal habeas read Understanding Oklahoma's Criminal Appeal Process- An Overview of the Criminal Appeals Process from Direct Appeal through Federal Habeas.You may also find the videos below helpful.