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Oklahoma Lawyers Robert Macy and Brad Miller, Added to Unethical Prosecutor List

Today the Tenth Circuit Court of Appeals (Lucero, Murphy, and O'Brien) brought tears to the eyes of people who care about a more just criminal system. In granting habease relief to a prisoner, the Court identified - by name - the prosecutors who violated their oath of office, and their duties under the Rules of Professional Conduct. There is a lengthy discussion of their misconduct. See page 32-36; 51-57.  Among other things: The prosecutors, Miller and Macy, then immediately proceeded to mislead the jury as to its role in sentencing by informing jurors (1) the jury?s work would be wasted if it failed to reach a unanimous verdict, (2) defense counsel?s argument that it took the vote of only one juror to prevent imposition of the death penalty constituted a request for ?jury nullification,? and (3) failure to deliberate in a manner leading to a unanimous verdict would amount to operating outside the law...continue to full post

Full post as published by Crime & Federalism on May 25, 2010 (boomark / email).