WASHINGTON, June 26, 2003 — The Center's study of criminal appeals from 1970 to the present revealed 107 Wisconsin cases in which the defendant alleged prosecutorial error or misconduct. In 29 cases, judges ruled a prosecutor's conduct prejudiced the defendant and reversed or remanded the conviction, sentence or indictment. In one, a dissenting judge or judges thought the prosecutor's conduct prejudiced the defendant. Out of all the defendants who alleged misconduct, one later proved his innocence.
Of the cases in which judges ruled a prosecutor's conduct prejudiced the defendant, more than 10 involved improper trial behavior; others involved pre-trial filing tactics, discrimination in jury selection, withholding evidence from the defense and misconduct in plea agreements.