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Full-Text Articles in Law
The Truth Might Set You Free: How The Michael Morton Act Could Fundamentally Change Texas Criminal Discovery, Or Not, Gerald S. Reamey
The Truth Might Set You Free: How The Michael Morton Act Could Fundamentally Change Texas Criminal Discovery, Or Not, Gerald S. Reamey
Faculty Articles
Michael Morton spent twenty-five years in a Texas prison for the murder of his wife, a crime he always denied committing. Following investigation aimed at proving that he was innocent, blatant prosecutorial misconduct came to light. Potentially exculpatory evidence had been hidden by the District Attorney in the case, allowing the actual killer to remain free to kill another victim before finally confessing to his crime. The attention this case attracted brought to light the stingy and discretionary discovery options available to criminal defendants in Texas, who were relegated to hoping that prosecutors would allow access to information in their …
Fraud On The Court And Abusive Discovery, David R. Hague
Fraud On The Court And Abusive Discovery, David R. Hague
Faculty Articles
Unbeknownst to many, federal courts have the power under the Federal Rules of Civil Procedure to set aside judgments entered years earlier that were obtained by “fraud on the court.” Fraud on the court, however, can take many forms and courts and commentators agree that it is a nebulous concept. The power to set aside a judgment requires courts to strike a balance between the principles of justice and finality. A majority of courts require a showing, by clear and convincing evidence, of intentional fraudulent conduct specifically directed at the court itself. This standard is flawed. And courts that have …