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Posted on January 8, 2019

Prosecutorial Error May Occur During Sentencing Proceedings

State v. Wilson, No. 114,567 (Kan. Dec. 14, 2018) Issue: Under the 14th Amendment, a criminal defendant has a due process right to a fair trial. Can a prosecutor’s error, made outside the jury trial context, violate this due process right? Answer: Yes, prosecutorial …

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Category: Sentencing Tags: discretion, due process, error, evidence, fair trial, latitude, misconduct, outside, prosecutorial, record, sentencing, sherman

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