WASHINGTON, June 26, 2003 — The Center's study of criminal appeals from 1970 to the present revealed 567 Florida cases in which defendants alleged prosecutorial error or misconduct. In 253, judges ruled a prosecutor's conduct prejudiced a defendant and reversed or remanded the conviction, sentence or indictment. In 19, a dissenting judge or judges thought a prosecutor's conduct prejudiced the defendant. Out of the defendants who alleged error or misconduct, two later proved their innocence.
Of the cases in which judges ruled a prosecutor's conduct prejudiced the defendant, 183 involved improper trial arguments or tactics, 40 involved the prosecution withholding evidence from the defense, eleven involved discrimination in jury selection, four involved manipulating a witness, four involved a speedy trial violation, two involved a subpoena error, two involved paying a witness, two involved pre-trial tactics, two involved allowing perjured testimony, one involved improper contact with a judge, one involved goading a defendant into a mistrial and one involved destruction of evidence.