police state lawyer who never lost a case

Which lawyer has never lost a case?

Gerald Leonard Spence (born January 8, 1929) is a semi-retired American trial lawyer. He is a member of the American Trial Lawyers Hall of Fame. Spence has never lost a criminal case either as a prosecutor or a defense attorney, and has not lost a civil case since 1969. Contents 1 Background 2 High-profile cases 2.1 Karen Silkwood 2.2 Other cases

Did Spence ever lose a case as a prosecutor?

Feb 05, 2013 · Most of the property taken by the police may never be used. Some cases are not filed, or defendants are placed into pre-trial diversion programs. Others take pleas. Most of the damaged property in the warehouse will not be a problem. Of the few that do go to trial (5% in Dade County) the evidence must be protected.

What happens if a police officer lies to an investigator?

Feb 25, 2019 · Philadelphia civil rights attorney Lauren Wimmer is committed to holding the police accountable and will not hesitate to file a claim against any law enforcement agency if the facts warrant it. To schedule a free consultation with Ms. Wimmer, call …

How many cases has Gerald Spence never lost?

master:2021-10-25_10-02-22. The government has a duty to preserve certain types of evidence it collects during criminal investigations and prosecutions. This duty exists in order to protect a defendant's rights to due process and a fair trial under the Sixth and 14 th Amendments to the U.S. Constitution. The duty relates to the requirement that ...

What lawyer won the most cases?

The one attorney listed above with the perfect record, Adam Unikowski, went 6 for 6, which is impressive. But Paul Clement, who put up a 65% win rate, argued 23 cases, meaning he won double the number of cases as Unikowski.Sep 14, 2018

Did Racehorse Haynes ever lose a case?

He was involved in landmark cases such as The State of Texas v. John Hill (a basis for journalist and author Thomas Thompson's 1976 book Blood and Money), and the notorious T. Cullen Davis murder and later solicitation of murder trials in Fort Worth, Texas, both of which ended in acquittals.

Is Gerry Spence still practicing law?

Tirelessly Fighting for the Rights of Ordinary People. Born and raised in the small towns of Wyoming, personal injury attorney Gerry Spence has been practicing law for nearly 60 years. A country lawyer, Mr. Spence has built his legacy on defending ordinary people against big corporations and the government.

What is Gerry Spence doing now?

Spence is the founder of Lawyers and Advocates for Wyoming (L.A.W.), a nonprofit public interest law firm. Spence served as legal consultant for NBC television covering the O.J. Simpson trial and has hosted and appeared on Larry King Live and the Rivera Show numerous times and numerous other national television shows.

Is attorney Racehorse Haynes still alive?

Haynes, who was married to the same woman for more than 60 years and who died at age 90 in 2007, enjoyed his fame—at one point a statewide poll rated him as well known as the Dallas Cowboys famed coach—but he later lamented that the attention had ended up taking away the element of surprise he'd once been able to bring ...Dec 14, 2020

Who did Racehorse Haynes represent?

John HillCullen Davis, the oil millionaire charged with the 1976 death of his 12-year-old stepdaughter, one of two people killed in a shooting at his Fort Worth mansion. Haynes also represented John Hill, a Houston plastic surgeon charged with killing his wife in 1969.Apr 28, 2017

What is the biggest law firm in United States?

Baker McKenzie LLPAmerica's 350 Largest Law Firms2018No.Law FirmAttorneys1Baker McKenzie LLP47202DLA Piper LLP37023Norton Rose Fulbright LLP337645 more rows

Who is the best lawyer of all time?

Of the most influential lawyers in American history, there are five that stand out. Five of the best lawyers in American history are Abraham Lincoln, Mary Jo White, Johnnie Cochran, Joe Jamail, and Thurgood Marshall.

Who is the richest lawyer in America?

The wealthiest practicing attorney in America, he was frequently referred to as the "King of Torts". In 2011, his net worth was estimated by Forbes to be $1.5 billion, making him the 833rd richest person in the world....Joe Jamail.Joseph D. Jamail Jr.OccupationAttorney5 more rows

Was F Lee Bailey a pilot?

Francis Lee Bailey was born in Waltham, Massachusetts, on June 10, 1933. He attended Harvard University but dropped out after two years, joined the Marines, became a fighter pilot, and joined a legal team at the Cherry Point Marine Corps Air Station in North Carolina.Jun 5, 2021

Who is the best prosecutor in the world?

Alan Morton Dershowitz is an American attorney, political commentator, and jurist. He has spent the past fifty years practicing the law and is well recognized for handling a number of high-profile legal cases.

Who has won the most cases before the Supreme Court?

CARTER G. PHILLIPS is one of the most experienced Supreme Court and appellate lawyers in the country. Since joining Sidley, Carter has argued 79 cases before the Supreme Court, more than any other lawyer in private practice.

What is the purpose of punitive damages?

The purpose of punitive damages in cases like these is to discourage future wrongful conduct by police officers and police departments, and they are rarely awarded. Protecting Your Rights after the Police Violated Them.

Who is Lauren Wimmer?

Philadelphia civil rights lawyer Lauren Wimmer can review the evidence in your case and explain your legal options. To schedule your free consultation and case evaluation with an experienced attorney, please call today at 215-712-1212, or contact us online.

Do police officers have probable cause?

You may also allege that the police officer who initiated the arrest did not have the necessary evidence, probable cause, or warrant to make a valid and legal arrest. However, if the police officer reasonably believed that he or she had probable cause, most courts will not determine that the police engaged in any unlawful activity.

Can a police officer use deadly force?

However, a police officer is allowed to use an amount of force which is proportionate to the amount of force being used against him or her. In some limited instances, a police officer might even be justified in using deadly force, assuming the victim used deadly force against the officer.

Can you sue a police officer for harassment?

In order to sue the police department for harassment or unlawful discrimination, you must demonstrate that a particular officer engaged in a pattern of harassing or discriminatory behavior. You could also sue the police department for false arrest. In that instance, you would likely contend that your Fourth Amendment right against unlawful searches ...

What is the role of police in a criminal case?

While the police typically collect most evidence used in a criminal case, they aren't the only government actors who have to preserve evidence. The duty also extends to: Local, county, and state investigative agencies. These include not just detectives and investigators, but also administrative, clerical, and forensic staff.

Who is responsible for preserving evidence?

The Attorney General. In most states and in most cases, the duty to preserve evidence remains even after a defendant has been convicted. Therefore, the duty applies to a state's Attorney General's office (which typically handles appeals and post-conviction matters).

What are the duties of the police?

While the police typically collect most evidence used in a criminal case, they aren't the only government actors who have to preserve evidence. The duty also extends to: 1 Local, county, and state investigative agencies. These include not just detectives and investigators, but also administrative, clerical, and forensic staff. 2 Prosecutors. The attorneys prosecuting the case have an obvious duty to preserve evidence, as do people acting under prosecutorial authority (for example, investigators or experts retained by the prosecutor's office). 3 The Attorney General. In most states and in most cases, the duty to preserve evidence remains even after a defendant has been convicted. Therefore, the duty applies to a state's Attorney General's office (which typically handles appeals and post-conviction matters).

What is crime scene evidence?

Crime scene evidence. Most jurisdictions have local and state rules about the collection and preservation of evidence at the crime scene, such as the murder weapon, blood samples, and photographs of the scene . Tape recordings and videotapes.

What is the duty of the government?

The government has a duty to preserve certain types of evidence it collects during criminal investigations and prosecutions. This duty exists in order to protect a defendant's rights to due process and a fair trial under the Sixth and 14 th Amendments to the U.S. Constitution. The duty relates to the requirement that the government disclose ...

What is the duty to preserve evidence?

The duty to preserve evidence begins once any state agency or actor has gathered and taken possession of evidence as part of a criminal investigation.

Is alibi evidence exculpatory?

Exactly what evidence is material and exculpatory depends upon the circumstances of the case. But alibi evidence is virtually always material and exculpatory; it includes witness statements that place the defendant somewhere other than the scene of the crime and forensic evidence (like DNA) that tends to show that the defendant couldn't have committed the crime.

What was the Walter Scott case?

Walter Scott Case. The Walter Scott case involves both the issue of planted evidence and police brutality. Attorneys involved in this case had to be both experts on police brutality, civil rights issues, and planted evidence in order to get a conviction.

What is police misconduct?

Police misconduct is any action done by a police officer that is illegal, inappropriate, or against police policies. This is a broad concept that can range from using excessive force, performing illegal searches, selective law enforcement, racial profiling, and even sexual assault.

Who was the woman who was in a car accident in Chicago?

Rachelle Jackson of Chicago witnessed a horrific car accident involving Chicago police officers. She bravely ran to the car and pulled one of the officers out fearing that the vehicle was going to explode.

What is witness tampering?

Witness tampering is a type of misconduct where police officers attempt to change or alter witness testimony by bribes, threats, or other coercive measures. An example case of this occurred recently in Maui, Hawai’i.

What happened to Anthony Maldonado?

Now former police officer Anthony Maldonado pulled over a vehicle in a routine traffic stop. During this stop, Maldonado noticed a large amount of cash in the car, so he stole it. This in itself is an act of police intimidation referred to as theft under the law. That’s not where the misconduct ends, though.

What is Eric Garner's case?

The Eric Garner case is another example of police brutality as a form of police misconduct. He was allegedly selling illegal cigarettes on the street of Staten Island. He wasn’t threatening or being violent towards the officers. The officers attempted to make an arrest and wrestled Garner to the ground.

What is racial profiling?

Racial profiling occurs when officers and law enforcement officials use race or skin color as the basis for suspecting a crime.

Who must disclose to the defendant?

The prosecuting attorney shall disclose to the defendant or his or her attorney all of the following materials and information, if it is in the possession of the prosecuting attorney or if the prosecuting attorney knows it to be in the possession of the investigating agencies:

What does the Constitution say about exculpatory evidence?

“Exculpatory” generally means evidence that tends to contradict the defendant’s supposed guilt or that supports lesser punishment. The evidence doesn’t have to strongly indicate innocence in the way that an alibi, for example, would. It’s generally enough that the evidence provides significant aid to the defendant’s case. So, information that affects the credibility of a critical prosecution witness—like the fact that the prosecution offered its witness leniency in exchange for testimony—is among the kinds of evidence prosecutors have disclose. ( Giglio v. United States, 405 U.S. 150 (1972).)

What are some examples of discovery?

Types of Discovery. A police report is a common example of discovery. (However, the law might not require disclosure of police reports in all states.) A typical one will contain the names of any victims or witnesses, reports of statements by such people, observations by the officer, and more. The police report is sometimes the first item ...

What is Brady Material?

Constitution doesn’t impose a general duty on the prosecution to disclose “material” evidence to the defense. “Material” is generally shorthand for “relevant”; it’s often used to refer to evidence that, if disclosed, could affect the outcome of a case.

What is exculpatory evidence?

“Exculpatory” generally means evidence that tends to contradict the defendant’s supposed guilt or that supports lesser punishment.

Does the Constitution require the prosecution to disclose material evidence?

Courts have held that the U.S. Constitution doesn’t impose a general duty on the prosecution to disclose “material” evidence to the defense. “Material” is generally shorthand for “relevant”; it’s often used to refer to evidence that, if disclosed, could affect the outcome of a case.

What happens if a police officer arrests a person without cause?

If a police officer arrests a person without cause, any evidence obtained pursuant to the wrongful arrest is inadmissible in court. The exclusionary rule prohibits prosecutors from using evidence obtained during an unlawful or false arrest against a defendant in court. Without that evidence, there may not be a valid case against the person.

What can a criminal defense attorney do?

A criminal defense attorney can help you determine if the cops did anything illegal. Your attorney also assists you in formulating a defense strategy that may result in a dismissal of charges and compensation for damages if the police officer is guilty of misconduct or wrongdoing. Related Posts.

Why are police officers arrested?

Arrests are made when a person is suspected of committing a crime. However, some officers misuse arrests for various reasons. A police officer in Providence, KY, was found guilty in 2018 for wrongful arrest. The person arrested had attempted to file several complaints against the police officer.

What are some examples of wrongful actions?

Examples of actions taken by police officers that may be considered wrongful or illegal: Police officers cannot conduct searches and seizures without a warrant or probable cause, unless the person is already under arrest. If the arrest is false, any evidence obtained typically falls under the exclusionary rule.

Can police search a vehicle without a warrant?

If the evidence is in plain sight, police officers can search a vehicle or person without consent or a search warrant. However, there could be a valid defense regarding whether the evidence was in plain sight. Officers can lie to individuals. But, they are not allowed to claim they have a warrant when they do not have a warrant or say ...

What are some examples of police misconduct?

Police misconduct includes a wide variety of actions that law enforcement officers may use during an investigation, encounters with citizens, or arrest. Surveillance abuse, planting evidence, racial profiling, excessive force, corruption, false imprisonment, and assault are just a few more examples of illegal acts committed by police officers.

Can police officers lie to people?

Officers can lie to individuals. But, they are not allowed to claim they have a warrant when they do not have a warrant or say that they are specific individuals, such as a priest, to obtain a confession. They also cannot lie about how the legal system works. Police officers cannot use bribery to obtain evidence or use intimidation ...

What are the duties of law enforcement officers?

Many states have laws that place specific duties on law enforcement officers who investigate allegations of domestic violence. State laws also protect officers who perform domestic violence investigations from being charged with a crime or being sued by suspects, victims, or witnesses. Although state legislatures have created laws giving officers ...

What is the law in Arizona regarding domestic violence?

For example, Arizona law requires the arrest of assailants suspected of inflicting physical injury or dis charging, using, or threatening to use a firearm. When a domestic violence offense does not involve physical injury or a firearm, officers are not required to make an arrest. (Ariz.

Can a police officer be sued for failing to perform duties?

Although a law enforcement officer may be immune from being sued or from being criminally charged in state court for failing to perform du ties imposed by state law, an officer may nonetheless be sued in a federal civil suit if the performance or failure to perform duties imposed by state law results in a violation of a person's federal constitutional rights.This is possible because federal law, specifically 42 U.S. § 1983, allows a person to sue a police officer or other government official who violates the person's civil rights.

What are the protections of domestic violence?

In addition to imposing duties upon officers conducting domestic violence investigations, state laws also provide officers with protections from civil lawsuits and criminal charges. These protections are not simply defenses that the officers may raise after they're charged or sued—they effectively prevent a criminal charge or civil lawsuit from going forward.

Do police have to arrest a suspect?

While police officers frequently arrest persons suspected of committing crimes, not every offense requires the arrest of the suspect. The law varies from state to state, but for minor offenses officers may have the discretion to issue a written citation to a suspect in lieu of arrest.