Tagged: Prosecutorial misconduct

Professor Bennett Gershman’s op-ed “Silencing amicus curiae” is published in The National Law Journal 0

Professor Bennett Gershman’s op-ed “Silencing amicus curiae” is published in The National Law Journal

Prof. Bennett Gershman published an op-ed piece, “Silencing amicus curiae” in The National Law Journal regarding a U.S. attorney’s bizarre request to prevent the filing of “friend of the court” briefs in a highly publicized and controversial case in the U.S. Court of Appeals The case involves the prosecution of Sholom Rubashkin, chief executive of a kosher meat processing plant in Postville, Iowa, who was convicted for bank fraud.

Prof. Gershman writes: “The government’s attempt to block the amici was wholly inconsistent with the norm of U.S. appellate litigation, which almost always welcomes amici participation. With one significant exception, amici must obtain consent from the parties to file a brief, and when consent is denied to obtain leave of the court. Courts freely grant leave when a party refuses to consent, and the U.S. Supreme Court grants leave in virtually all cases. Only the United States is authorized to file an amicus brief without needing consent of the parties or leave of the court.”

Professor Bennett Gershman is quoted in The Chicago Tribune story, “Lake County prosecutors added to Hobbs’s federal lawsuit.” 0

Professor Bennett Gershman is quoted in The Chicago Tribune story, “Lake County prosecutors added to Hobbs’s federal lawsuit.”

Prof. Bennett Gershman discussed the difficulties of successfully suing a prosecutor for their actions in the capacity as trial lawyers with The Chicago Tribune in the article, “Lake County prosecutors added to Hobbes’ federal lawsuit.”

Jerry Hobbes was wrongfully accused of the murders of two young girls in 2005, before DNA evidence pointing to another man led to his release from jail. Hobbes is now suing the police officers and prosecution team involved in his case for conspiring to “frame an innocent man.”

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