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His attorney, Robert Jenkins, filed one request for a delay based on misconduct by prosecutors in the U.S. Attorney's Office in New Orleans that led another judge to call for a new trial in a separate case.
Typically, decisions to remove a justice are based on misconduct or incompetence, not disagreements over particular decisions.
If we had a divorce system based on misconduct, then it would be easy to find a rationale pinned to guilt and innocence, but that is unlikely to be the case ever again.
Challenges to plea agreements based on misconduct by defense lawyers will presumably be common as well, given how many more convictions follow guilty pleas and the fluid nature of plea negotiations.
A lawyer for Pfizer, which will become the world's No. 1 drugmaker next month when its acquisition of the Warner-Lambert Company is completed, said the judge's decision was based on misconduct by lawyers for Trovan Ltd., which makes electronic identification devices for animals.
All told, ProPublica found 30 cases in which judges reversed convictions based on misconduct by New York City prosecutors.
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Prosecutions were recommended against 13 officers based on "relatively strong evidence of misconduct or neglect", but none resulted in a guilty verdict.
Putting to one side the charge of misconduct relating to the interview of the juror, I think the judgment below should stand since the suspension based on the misconduct relating to the Honokaa speech is fully supported by the record.
In the court filing, Ms. Addison said the judge, Prentis Smiley Jr. of the York County Circuit Court, was not free to entertain a motion based on prosecutorial misconduct because Mr. Atkins's case was before him only on the question of mental retardation.
Rains has been an outspoken critic of the federal government's investigation of Balco and has said he will try and get the case against Bonds dismissed based on government misconduct in the investigation.
"The last few years have seen repeated reports of false financial statements and accounting fraud, demonstrating that many charges of corporate fraud were neither speculative nor attempts to extort settlement money, but were based on actual misconduct," the court said.
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