We’re joined by two friends from the MacArthur Justice Center, Emily Washington and Eric Foley, to tell us all about a blood-boiling case of prosecutorial misconduct, concocted evidence, and lying to put a man on death row. They are fighting an epic battle in the Fifth Circuit against many things in their case, but this week we focus on one especially: absolute immunity, a special benefit prosecutors often—but not always—enjoy. Did the prosecutor enjoy it in their lawsuit? Listen to find out. There’s not just one, but two concurrences by Judge Jim Ho of the Fifth Circuit (who news reports say festively sends out Christmas cards, along with his family, using the slogan “Ho, Ho, Ho”). And then IJ’s own Anya Bidwell tells us about “Wanteds.” They’re not warrants, but they’re nevertheless often used. Were they a thing at common law, and are they “reasonable” under the Fourth Amendment? There’s another concurrence that makes the case.
Click here for transcript.
Wearry v. Foster (3 judge panel)
Wearry v. Foster (denial of en banc)
Resources
Wearry v. Foster (3 judge panel)
Wearry v. Foster (denial of en banc)
Bound By Oath (Absolute Immunity)
Laurent Sacharoff, The Broken Fourth Amendment Oath
Recent Episodes
Short Circuit 348 | Excessive Fines and the IRS
Is a “fine” a “fine”? No, not at all, and therefore it can’t be “excessive.” At least that’s the IRS’s position. Thankfully that argument was […]
Listen NowShort Circuit 347 | Election Law Special
With less than two weeks before America’s general election it’s time for our biennial dive into election law! A whirlwind tour of election decisions from […]
Listen NowShort Circuit 346 | Not My Responsibility
When it comes to the law, it’s the responsibility of the government. After all, that’s why we have a government, right? Well, it seems the […]
Listen NowShort Circuit 345 | Supreme Court Preview at UNC!
For the 8th year in a row Short Circuit travels to the University of North Carolina to preview the Supreme Court’s new term, hosted by […]
Listen Now