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A Matter Of Life And Death: Revising The Harmless Error Standard For Habeas Corpus Proceedings, David M. Bowman
A Matter Of Life And Death: Revising The Harmless Error Standard For Habeas Corpus Proceedings, David M. Bowman
Washington Law Review
Since 1967, federal courts have conducted harmless error analysis to determine whether to uphold a prisoner's conviction notwithstanding a constitutional error committed at the prisoner's trial. A review of the development of the harmless error doctrine reveals how the U.S. Supreme Court and federal courts have solidified a rational impact test to determine harmlessness. More recently, the U.S. Supreme Court has moved away from a clearly defined test with respect to errors alleged by habeas corpus petitioners. This Comment analyzes the obstacles faced by habeas petitioners in establishing a magnitude of error sufficient for reversal under the newer doctrine. It …
Keeping Files On The File Keepers: When Prosecutors Are Forced To Turn Over The Personnel Files Of Federal Agents To Defense Lawyers, Lis Wiehl
Washington Law Review
The issue of whether criminal defense lawyers can compel federal prosecutors during pre-trial discovery to examine and turn over information in the personnel files of federal agents who will testify at trial has profoundly affected federal prosecutors, law enforcement agents, and defense lawyers alike. Demands for discovery of these files have risen steadily in recent years. In the hands of skilled defense counsel, information in a personnel file can be used to impeach an agent on the witness stand. For agents and prosecutors, much more is at stake than the way this information may be used at trial. Professional reputations …