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To: appeal2
If continuing a prosecution that the da knows is false isn't a violation of due process, than what is?

First you have to prove that he "knows" the charges are false and if you can prove that, it's sure an ethics violation under the state code of conduct, and a major one at that, but I don't know if it violates Federal due process requirements, unless they are convicted of a crime.

46 posted on 12/12/2006 12:24:08 PM PST by Ditto
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To: Ditto

I don't think they have to prove Liefong knows the charges are false. I think they just have to prove that he refuses to look for the truth through abuse of authority and process.

In the big picture, prosecutors cannot use their authority to bring charges they don't have a probable basis for charging, and that is a due process violation. Further, to depart from established procedures derived from USSC cases as to identification of suspects is also a due process and equal protection violation.

I also don't think that the fruits of a search have to be submitted at trial before the search warrant can be examined for Fourth Amendment and due process violations if charges were brought through indictments arising from a bad-faith identification and a failure to ascertain whether or not a crime had even been committed.


72 posted on 12/12/2006 2:02:32 PM PST by Jezebelle (Our tax dollars are paying the ACLU to sue the Christ out of us.)
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