By Andy Delaney
Now here's a homonym
One case on April 8th. It involves comity, which I’m not embarrassed to admit, I had to look up. In this context, comity means respecting the authority of or deferring to other courts—even family courts in Massachusetts—to issue orders and dispose of assets located in Vermont.
Let’s back up.
But first an aside. Watch this spoof Dunkin’ commercial.
Husband and wife (now ex-) were Massachusetts residents with a second home in Vermont. When they got divorced (in Massachusetts) the Massachusetts court appointed a special master to sell the Vermont property. That had its own jurisdictional issues, including a dismissed petition (on husband’s motion) to domesticate the on-appeal-so-not-yet-final Massachusetts order so the special master could sell the Vermont property. Eventually, a deed gets issued and husband (plaintiff) tries to get the sale invalidated and rescinded on grounds that the special master didn’t have authority and that the special master should be held in contempt for violating the dismissal of the domestication proceeding. Still with me?
Both the special master and the purchaser moved to dismiss. The trial court granted the motions, acknowledging that while it would have authority to quiet title to Vermont property, under comity principles, it was going to defer to the Massachusetts court on this one. Husband appeals.
On appeal, SCOV reasons that the
proper standard of review is abuse of discretion and rejects husband’s de novo
proposal. This is because a dismissal on comity grounds is based on judicial
economy, not a rule of law. And so, SCOV reviews the dismissal of husband’s
action and reasons “dismissal serves the purpose of the comity doctrine by
avoiding multiple or inconsistent judgments that could result from both Vermont
and Massachusetts courts adjudicating this claim.” SCOV also reasons that the
procedural posture—plaintiff had appealed the Massachusetts orders at the time
the special master’s petition to domesticate the Massachusetts order was
dismissed—mattered because the reason the domestication petition was dismissed
was not because the special master lacked authority, but because the
Massachusetts order was not yet final. Look, it’s a little convoluted but the
bottom line is that the potential for inconsistent judgments and litigation of
the same issues in different jurisdictions seems a good reason for a trial
court to defer to an out-of-state court on comity grounds. Nijensohn v. Ring,
2022
VT 16.
What Are The Common Reasons For Prosecutorial Misconduct?
ReplyDeleteWhen a case ends in a false conviction, the victims of prosecutorial wrongdoing typically suffer irreparable harm. The implications of misbehavior are clear, yet the prosecutor is unlikely to be punished. There is no one-size-fits-all answer to the question of why someone does what they do www.leahlegal.com . Although there are prosecutor-political conflicts of interest, there are also prosecutor-justice-seeking conflicts. For the most part, prosecutorial misconduct stems from one or more of the following three reasons:
Pressure to Convict
When the public doesn't think prosecutors are "soft on crime," it can be good. It's virtually impossible to avoid bad consequences if you have a reputation for being generous with "lawbreakers." Since high-profile cases draw attention from the media, the likelihood of prosecutorial misconduct increases best criminal attorney in california. Prosecutors may feel pressured to do "whatever it takes" to get a conviction when members of the public and government authorities are closely monitoring their actions. To preserve an image of being "tough on crime" is one of the most common motives for prosecutorial misconduct. Prosecutors may deliberately conceal or fabricate evidence in order to secure re-election. Prosecutors tend to take more cases to trial rather than lower the number of plea deals when they are seeking for re-election, according to recent studies in 2013.
Career Suicide for Those That Report Misconduct
If you're a member of the legal profession, you'll likely benefit from keeping your coworkers happy. In order to get a favorable plea deal, it is usual practice for an attorney to cultivate a good working relationship with the prosecution top criminal defense lawyers. It's thus "career suicide" to expose prosecutorial malpractice. Although comradely aids in the creation and maintenance of pleasant working circumstances, it also prevents attorneys from denouncing wrongdoing without the fear of negative repercussions being incurred in the process. The American Bar Association's Professional Conduct Rule 8.3(a) requires attorneys to report wrongdoing by their colleagues if they have any doubts about their integrity, honesty, or fitness to practice law. Despite the fact that this rule is crystal apparent, attorneys are often afraid of punishment from their colleagues in the legal profession. When justice is put ahead of comradery, it requires a lawyer who is committed to preserving the highest ethical standards. Motions will be filed with the court by a competent lawyer to guarantee that a judge does not rule on the basis of a prosecutor's unethical or unlawful actions. In order to avoid an innocent person serving time in prison, winning motions raise the chances that a court may reduce a defendant's sentence, dismiss the charges, or vacate a conviction.
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