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Connick v. Thompson (2011) and Arizona v. Youngblood (1988) - Linked in Outrage

I wanted to add an issue that I did not address in my last post about Connick v. Thompson (2011). To clarify, the facts of Connick v. Thompson are that D was convicted of an armed robbery. Later, D was prosecuted for murder, and D elected not to testify at his murder trial because of the prior robbery, and the fact that it could be used to impeach him. The robbery was used to elevate the murder to a death penalty case. It turns out that D didn't do the original robbery, and the DA knew it - they had overwhelming evidence that the robbery was committed by someone else, but they did not turn that evidence over to the defense. Blood from the perpetrator had been found, and the crime lab tested it, and found that the blood type was B. D's blood type was type O...continue to full post

Full post as published by Public Defender Dude on September 01, 2011 (boomark / email).