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Start / The Prosecutors: Legal Briefs
The Prosecutors: Legal Briefs
Alice and Brett, hosts of the true crime podcast, The Prosecutors, bring their experience as prosecutors to the hottest stories in true crime.
151 avsnitt • Längd: 55 min • Veckovis: Torsdag
Om podden
Alice and Brett, hosts of the true crime podcast, The Prosecutors, bring their experience as prosecutors to the hottest stories in true crime. Whether it’s breaking developments in a cold case, the intricacies of sentencing, or analysis of what’s really going on in trials in the news, they’ll have you covered.
The podcast The Prosecutors: Legal Briefs is created by PodcastOne. The podcast and the artwork on this page are embedded on this page using the public podcast feed (RSS).
Avsnitt
149. The Adnan Syed Innocence Fraud Exposed
7 mars 2025 |
75 min
In a legal tour de force, Baltimore State's Attorney Ivan Bates laid bare the fraud on the court perpetrated by Adnan Syed and his supporters in the failed motion to vacate his conviction produced by former State's Attorney Marylin Mosby. In 88 pages, Bates deconstructed the arguments for Syed's innocence, and by the time he was finished, there could be little doubt that Adnan Syed did, indeed, murder Hae Min Lee. Brett and Alice discuss the filing which exposed the lie of a carefully constructed innocence sham more than a decade in the making.
https://www.stattorney.org/media-center/press-releases/3042-state-s-attorney-announces-withdrawal-of-motion-to-vacate-judgement-in-adnan-syed-case
Update: As expected, the judge did decide to allow Adnan Syed to remain free. He is still a convicted murderer.
Check out our new True Crime Substack the True Crime Times at: https://t.co/26TIoM14Tg
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148. The Latest in the Asha Degree Case
28 februari 2025 |
65 min
The Asha Degree case might have been cold before, but it's hot now. We discuss the revelations in the latest search warrant.
Check out our new True Crime Substack the True Crime Times at: https://t.co/26TIoM14Tg
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147. Motions in Limine
21 februari 2025 |
54 min
If you believed every headline on big trial cases, you'd think pre-trial motions were part of some vast conspiracy. But what are motions in limine? We break it down.
Check out our new True Crime Substack the True Crime Times at: https://t.co/26TIoM14Tg
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146. Birthright Citizenship Part 2 of 2
13 februari 2025 |
56 min
We continue our look at the controversy surrounding birthright citizenship with an in depth review of the Supreme Court's decision in United States v. Wong Kim Ark (1898).
Check out our new True Crime Substack the True Crime Times at: https://t.co/26TIoM14Tg
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145. Birthright Citizenship Part 1 of 2
7 februari 2025 |
49 min
Birthright citizenship has been in the news in the wake of President Trump's executive order limiting its application. What is birthright citizenship? Where does it come from? And is it constitutional to limit it in the United States? We dive into this controversial topic.
Check out our new True Crime Substack the True Crime Times at: https://t.co/26TIoM14Tg
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144. The Pardon Power
31 januari 2025 |
58 min
Pardons have been in the news lately as both Presidents Biden and Trump have used the power extensively. What is the power? Where does it come from? And what, if any, are its limits?
Article I mentioned on culture and pardons.
Check out our new True Crime Substack the True Crime Times at: https://t.co/26TIoM14Tg
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https://thefederalist.com/2024/12/05/there-is-no-historical-precedent-for-hunter-bidens-pardon/
143. The Appellate Process
24 januari 2025 |
60 min
Appeals, how do they work? We explain the process.
Check out our new True Crime Substack the True Crime Times at: https://t.co/26TIoM14Tg
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142. Beverly Hills Noir: Crime, Sin, & Scandal in 90210 with Scott Huver
17 januari 2025 |
36 min
Journalist Scott Huver joins us to talk about the dark side of the glitz and glamour of America's most famous zip code--Beverly Hills 90210.
Buy Scott's book here:
https://www.amazon.com/Beverly-Hills-Noir-Crime-Scandal/dp/1637588852
To support the victims of the LA Fires, check out these options:
https://donate.directrelief.org/give/406660/#!/donation/checkout
https://www.redcross.org/donate/donation.html/
Check out our new True Crime Substack the True Crime Times at: https://t.co/26TIoM14Tg
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141. Reasonable Doubt
10 januari 2025 |
62 min
Reasonable doubt can be a tricky concept. We break it down.
Check out our new True Crime Substack the True Crime Times at: https://t.co/26TIoM14Tg
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140. New Year's Bloopers 4
4 januari 2025 |
65 min
We shared some bloopers on The Prosecutors feed, now we start the New Year on Legal Briefs with two new episodes of off the mic cuts from last year. Join us on Patreon to catch them live and unedited when we record. Happy New Year!
Check out our new True Crime Substack the True Crime Times at: https://t.co/26TIoM14Tg
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139. New Year's Bloopers 3
3 januari 2025 |
73 min
We shared some bloopers on The Prosecutors feed, now we start the New Year on Legal Briefs with two new episodes of off the mic cuts from last year. Join us on Patreon to catch them live and unedited when we record. Happy New Year!
Check out our new True Crime Substack the True Crime Times at: https://t.co/26TIoM14Tg
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138. INCONCEIVABLE: The Temujin Kensu Story
27 december 2024 |
51 min
Today I sit down with Jason Usry, editor of our shows, but we're not talking about that - it's about his upcoming project INCONCEIVABLE: THE STORY OF TEMUJIN KENSU. Jason is going on a deep dive into the murder of Scott Macklem and the wrongful conviction of Temujin Kensu.
This case confounded us when we covered it back in episodes 66 and 68 in 2021 and we're stepping off the journey of his new project with him today.
Check out our substack for articles, news and more by other podcasters and professionals in true crime media: truecrimemessenger.substack.com
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137. The Acquittal of Daniel Penny
20 december 2024 |
32 min
In a controversial decision that surprised many, Daniel Penny was acquitted of all charges related to the death of Jordan Neely. But even more surprising were the actions of the prosecution after the jury declared itself deadlocked. Brett discusses the strange turn of events, what went wrong, and the lessons we can draw from this case.
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136. Ethics in Podcasting with Julia Cowley from The Consult
13 december 2024 |
87 min
Brett joins Julia Cowley of The Consult: Real FBI Profilers to discuss ethics in true crime, the West Memphis 3, and more.
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135. Listener Q&A
6 december 2024 |
74 min
We answer questions from some of the smartest people in true crime--all of you!
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134. A Conversation with True Crime Tik Tok Sensation Britni Nicole Smith
29 november 2024 |
51 min
We chat with true crime Tik Tokker Britni Nicole Smith about how she got started, grew a massive audience and her takes on some of the biggest true crime stories of our lifetime.
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133. Our Interview with Judge Belvin Perry of Casey Anthony Fame
22 november 2024 |
64 min
He presided over the infamous Casey Anthony case, but Judge Belvin Perry's remarkable career is about so much more than one trial. And now, he's written a book about it--The Velvet Hammer: Judge Belvin Perry, Jr.'s Capital Murder Cases and Memoir. We discuss growing up during segregation, his distinguished career and, of course, the Casey Anthony case.
Velvet Hammer is available at https://a.co/d/aXJtbjh.
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132. Our Interview with Famed Prosecutor Marcia Clark
15 november 2024 |
26 min
She's a world-famous prosecutor who took on the toughest cases L.A. had to offer, and now she's diving headfirst into one of the most intriguing true crime stories in history with her new podcast, Informants: Lawyer X. We discuss her new show and more.
What's more dangerous than a life of crime? The life of a criminal informant. As they balance volatile relationships with criminals and law enforcement, they must probe for information without raising any red flags — all while knowing that even the tiniest slip-up could get them killed. So, why do they do it? For the greater good? For personal gain? The answers are as complicated as the double lives they lead.
Hosted by famed attorney, author, and television producer Marcia Clark, Informants: Lawyer X reveals the story of Nicola Gobbo, a defense attorney who represented the key players in Australia's violent gang wars. As she appeared to become one of the gang, no one could have predicted she would turn into a police informant, selling out the very people she swore to defend. But then when the Lawyer X scandal exploded across headlines, Nicola's duplicity against Australia's most dangerous criminals and toughest cops was made public, ultimately putting her life and the lives of her children on the line. She is now in hiding, while the Australian police and legal community have to pick up the pieces and regain the public's trust.
You can binge all episodes of INFORMANTS: LAWYER X exclusively with Wondery+. Join Wondery+ in the Wondery App, Apple Podcasts or Spotify, and get access to more Exhibit C true crime podcasts early and ad free.
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131. A Verdict in Delphi -- Today is the Day
11 november 2024 |
46 min
The jury has reached a verdict in the trial of Richard Allen, finding him guilty on all counts. We discuss this massive news and celebrate a day of justice.
130. Delphi Trial Week Four with Murder Sheet
11 november 2024 |
81 min
We discuss the fourth week of trial, closing arguments, and ongoing deliberations with our friends from The Murder Sheet.
129. Delphi Trial Week Three Part 2
5 november 2024 |
56 min
A lot happened in week 3 of the Delphi trial. Richard Allen's many incriminating statements were revealed, including confessions with information it seems only the killer could know. The state rested, and the defense began its case. We break it all down.
128. Delphi Trial Week Three Part 1
4 november 2024 |
88 min
A lot happened in week 3 of the Delphi trial. Richard Allen's many incriminating statements were revealed, including confessions with information it seems only the killer could know. The state rested, and the defense began its case. We break it all down.
127. Delphi Trial Week Two Part 2
29 oktober 2024 |
60 min
We finish up our discussion of week 2 in the Delphi trial.
126. Delphi Trial Week Two Part 1
28 oktober 2024 |
76 min
We discuss the second week in the Delphi trial. What did we learn? And what's next?
125. Delphi Trial Week One with The Murder Sheet
21 oktober 2024 |
66 min
We discuss the first week of the Delphi trial with our friends Kevin and Aine from The Murder Sheet. They've been there every day, watching it unfold. What does the jury look like? How were the opening statements? And what have we learned so far?
124. Richard Glossip in the Supreme Court
18 oktober 2024 |
60 min
Convicted murderer Richard Glossip is back in front of the Supreme Court, again, arguing for his innocence. But this time he has some powerful allies. We discuss the latest developments in this famous true crime case out of Oklahoma.
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123. Interview with Vanished Podcast's Jennifer Taylor on Amelia Earhart
11 oktober 2024 |
65 min
It's one of the greatest mysteries of all time. What happened to famed aviator and American hero Amelia Earhart? We discuss with Jennifer Taylor, the host of the Vanished podcast.
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122. Interview with Javier Leiva, Creator of Pretend
4 oktober 2024 |
67 min
We chat with Javier Leiva about his great podcast that looks into people pretending to be someone else. Get ready for a wild ride.
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121. The Latest in the Asha Degree Case
24 september 2024 |
63 min
After decades of silence, there have been shocking developments in the Asha Degree case. We review the details of recent search warrants and tell you our thoughts on what's next.
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120. Ballistics Explained with ATF Special Agent in Charge, Chris Amon.
19 september 2024 |
61 min
Ballistics are a critical forensic tool in criminal investigations today, but how they work is a mystery to most people. We discuss the science of ballistics with ATF Special Agent in Charge Chris Amon.
Christopher Amon was appointed as the Special Agent in Charge for the Bureau of Alcohol, Tobacco, Firearms and Explosives Chicago Field Division in March of 2023. As the Special Agent in Charge, Mr. Amon has responsibility over ATF operations in the Northern and Central Districts of Illinois, The Eastern District of Wisconsin, and the Northern District of Indiana.
Before arriving in Chicago, SAC Amon served as the Assistant Special Agent in Charge in the Washington Field Division since August 2020. In this role, Special Agent Amon supervised all ATF criminal enforcement operations in Washington, D.C. Prior to this assignment, SAC Amon served as Chief of the Firearms Operation Division at ATF Headquarters, managing the National Integrated Ballistics Information Network (NIBIN), the NIBIN National Correlation and Training Center (NNCTC), and ATF’s Crime Gun Intelligence Programs. He was also the Chairman of the National Crime Gun Intelligence Governing Board consisting of Chiefs of Police, United States Attorneys, District Attorneys, and Laboratory Directors from major cities nationwide.
SAC Amon began his career as a Special Agent in the Denver Field Division in 2005. He investigated violent crime and firearms trafficking organizations and was a crisis negotiator of ATF’s Los Angeles Special Response Team.
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119. Adnan Syed's Convictions Reinstated
13 september 2024 |
53 min
The Maryland Supreme Court has spoken, and it wasn't good for Adnan Syed. What does it mean? And what's next?
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118. Karen Read and the Motion to Dismiss
6 september 2024 |
50 min
Karen Read's attorneys recently sought to have two of the charges against her dismissed, arguing that a jury actually found her not guilty on those counts. A judge has ruled, and we break it down.
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117. The Takings Clause and Kelo v. New London
30 augusti 2024 |
53 min
You might think taking someone's home and giving it to a multi-billion dollar corporation is the most un-American thing imaginable. Five justices of the Supreme Court disagree with you. We examine one of the most universally reviled cases in Supreme Court history--Kelo v. New London.
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Day O (The Banana Court Song)
Kelo come and they taking my home
Day Sandra Day O
Kelo come and they taking my home
Thought the Court save my childhood home
(Kelo come and they taking my home)
Too bad team needs another dome
(Kelo come and they taking my home)
Hey Justice Kennedy you bulldozed my cabana
(Kelo come and they taking my home)
Took my life and gave it to the tax man-a
(Kelo come and they taking my home)
Day Sandra Day O
(Kelo come and they taking my home)
Day Sandra Day Sandra Day Sandra Day O
(Kelo come and they taking my home)
Kennedy lives in a great big mansion
(Kelo come and they taking my home)
He no worry bout parking lot expansion
(Kelo come and they taking my home)
Pfizer, Wal-Mart get free lunch!
(Kelo come and they taking my home)
Poor man, little man takes the punch!
(Kelo come and they taking my home)
Day Sandra Day O
(Kelo come and they taking my home)
Day Sandra Day Sandra Day Sandra Day O
(Kelo come and they taking my home)
Hey Justice Kennedy you bulldozed my cabana
(Kelo come and they taking my home)
Hey Justice Kennedy don’t bulldoze my cabana
Kelo come and I’ll never go home
116. Sarah Boone and the Limits on the Right to Counsel
23 augusti 2024 |
57 min
Everyone has a right to counsel, but it's one you can give up. Even if you don't mean to. Sarah Boone burned through 8 different counsel. She didn't get a ninth. We explain why.
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115. Shocking Delphi Revelations with The Murder Sheet
16 augusti 2024 |
110 min
Kevin and Aine join us to discuss the shocking revelations from three days of hearings in Delphi. What did we learn, and where does the defense go from here?
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114. Erlinda Ocampo Johnson and the Alec Baldwin Trial Dismissal
9 augusti 2024 |
55 min
In a shocking turn of events, the Alec Baldwin case was dismissed due to a failure of the prosecution to provide full discovery to the defense. Erlinda Ocampo Johnson gave the opening statement in the prosecution of Baldwin. But when she learned critical evidence was withheld, she urged her colleagues to dismiss the case. And when they would not, she withdrew. Erlinda joins us to discuss this extraordinary act of legal courage.
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113 Talking Law with Drinks with Defenders
2 augusti 2024 |
52 min
Enjoy a Frisky as defense attorneys Addie and Kayla, the hosts of Drinks with Defenders podcast, join us to discuss the important role of defense attorneys in our justice system.
112. Sentencing
26 juli 2024 |
67 min
What considerations go into crafting a just sentence? What are the rules for sentencing? And what are the goals a sentence of imprisonment is meant to accomplish?
111. SCOTUS Roundup
18 juli 2024 |
63 min
We look at some of the high profile cases that the Supreme Court ruled on "this season" and what that means for the administrative state, Presidential immunity, and more.
110. Live with Kevin and Aine from The Murder Sheet Podcast
11 juli 2024 |
69 min
This is an interview we did with Kevin and Aine from The Murder Sheet podcast. Our discussion ranges from Delphi to Karen Read and then to the responsibilities that both true crime creators and consumers share in creating a safer space for everyone.
Bonus Episode: Karen Read Hung Jury Reaction
8 juli 2024 |
18 min
We discuss the mistrial in the Karen Read case and talk about what's next.
109. An Interview with Othram's Dr. Kristen Mittelman
3 juli 2024 |
65 min
Othram Lab's Dr. Kristen Mittelman joins the show to discuss Othram's role in the arrest of a suspect in the murder of Rachel Morin.
Help us solve a case! Donate here to give a man his name back.
https://dnasolves.com/articles/dekalb-county-john-doe-2018/
108. An Interview with Nancy Grace
26 juni 2024 |
22 min
True crime legend Nancy Grace joins the show to discuss her time as a prosecutor, how she got into broadcasting, and what creators can do to advocate for victims of crime.
107. The Dark Side of True Crime
20 juni 2024 |
51 min
True crime creators and citizen sleuths can bring much-needed attention to cases and even solve them. But with the constant pressure to feed the content beast, some believe the genre has lost its way. We discuss the dark side of true crime.
106. Geofence Warrants and The All Watching Eye
13 juni 2024 |
66 min
A lot has been made about right to privacy as it relates to DNA, but did you know right now you are sharing more than enough information with big information companies? Brett and Alice break down how Geofence Warrants work, what they provide private businesses and law enforcement, and how this technology relates to the Fourth Amendment.
105. Leo Schofield, Released
5 juni 2024 |
77 min
Leo Schofield has been released from prison, but his search for justice is just beginning. Gilbert King and Scott Cupp join us to discuss this injustice and what's next for Leo.
104. The Chevron Doctrine and the Administrative State
23 maj 2024 |
74 min
Chevron is not just a gas station. It's also one of the most important legal doctrines, underpinning much of the administrative state in the United States. And it's also about to be overturned by the Supreme Court. Why? Is this a good idea? And what will be the consequences?
This episode is sponsored by Progressive Insurance.
103. Plea Agreements
16 maj 2024 |
75 min
Most cases never go to trial. Instead, they end in plea agreements. How do pleas work? Why do so many people plead guilty? And should we be concerned about the high percentage of pleas?
Sponsors:
Progressive Insurance
102. Trump v. United States
9 maj 2024 |
73 min
The former President was back in front of the Supreme Court, this time exploring the limitations of executive immunity. What were the arguments on each side, and what will be the outcome in this closely watched case?
This episode is sponsored by Progressive Insurance.
101. The Trial of Coley McCraney
2 maj 2024 |
88 min
In 1999, two teenagers, Tracie Hawlett and J.B. Beasley, were brutally murdered just outside the town of Ozark, AL. For decades, the mystery remained unsolved. Then, genetic genealogy came along. In an unusual twist, the Attorney General of Alabama, Steve Marshall, was called upon to prosecute the case. He joins us to explain how this case was solved and tried, and how the families of two murdered 17 year olds finally found justice.
Sponsors:
Progressive Insurance
100. WM3 DNA Testing Decision
25 april 2024 |
71 min
To celebrate 100 episodes of Legal Briefs, we discuss the recent Arkansas Supreme Court opinion on DNA testing in the West Memphis 3 case. And you will also hear us--based entirely on your view of the case--either make abundantly clear that we think the WM3 are guilty or abundantly clear we think they are innocent. Choose your own adventure.
https://prosecutorspodcast.files.wordpress.com/2024/04/echols_v._state.pdf
99. Delphi and the "Some Other Dude Did It" Defense
18 april 2024 |
56 min
Delphi is just the latest case where the defense offers an alternative suspect, sometimes called the SODDI defense.. How does this alternate theory work? Are there any limits on it? And how will those limits affect the trial in Delphi?
98. Hearsay Part 3
11 april 2024 |
55 min
We wrap up our discussion of hearsay and grant you all law degrees.
Sponsors:
Progressive Insurance
97. The Exorcist Files
4 april 2024 |
65 min
Halloween comes early as we interview the host of the hit podcast, The Exorcist Files. We talk about the show, consider evidence for exorcism, and address the doubters. Support season 2 below!
https://www.kickstarter.com/projects/totc/exorcist-files-s2/rewards
96. Delphi Contempt Hearing Part 2
29 mars 2024 |
49 min
Alice continues her discussion of the latest Delphi hearing with Murder Sheet and Jayson Blair.
Sponsors:
VIntage Villains
95. Delphi Contempt Hearing Part 1
28 mars 2024 |
min
Murder Sheet and Jayson Blair of Silver Linings Handbook join Alice to discuss the contempt hearing in Delphi. What went down? Who got thrown out? And what's next? Part 2 tomorrow.
Sponsors:
Vintage Villains Podcast
94. Hearsay Part 2
21 mars 2024 |
65 min
We're back with everyone's favorite topic--Hearsay! We go through what seems like a thousand exceptions to the rule against hearsay.
Sponsor:
Vintage Villains Podcast
Check out episode 82 for part 1.
93. Trump v. Anderson
13 mars 2024 |
52 min
After several states attempted to keep Donald Trump off the ballot under the 14th Amendment's insurrection clause, the Supreme Court reversed unanimously. We explore the ruling, the reasoning, and how the various justices reached their decision.
Sponsors:
Progressive Insurance
92. Gag Orders
7 mars 2024 |
58 min
What are gag orders? Why do we have them? And what are the concerns about them? We dive in to a subject we are seeing in more and more cases...
Sponsored by Progressive Insurance
91. Taylor Swift, Anti-Hero
29 februari 2024 |
59 min
Taylor Swift doesn't like that you can track her planes. Should she shake it off? Or does she know all too well that she needs to calm down?
Sponsors:
Progressive Insurance
90. American Nightmare
22 februari 2024 |
59 min
It's the true crime story that shocked America. What if you were kidnapped, but no one believed you?
Sponsored by Progressive Insurance
89. Jennifer Crumbley and Parental Responsibility
15 februari 2024 |
52 min
Jennifer Crumbley was convicted of 4 counts of involuntary manslaughter after her son used a firearm she purchased to commit a school shooting. What does it mean and should it have happened?
Sponsors:
Progressive Insurance
88. Murdaugh Gets His Day in Court
8 februari 2024 |
105 min
The Murdaugh evidentiary hearing happened today. Jurors revealed what Becky Hill said to them and whether or affected their verdict. Hill testified...poorly. And the judge rendered a verdict, but not before putting ol' Poot in his place.
Sponsors:
Progressive Insurance
87. More on the Delphi Oral Argument
1 februari 2024 |
67 min
We take a deeper look at the Supreme Court's decision in Delphi and what it means for the future of this case, which only seems to get more wild and more out of hand with every passing day.
86. Delphi Supreme Court Oral Argument with Bob and Ali Motta
25 januari 2024 |
93 min
Bob and Ali Motta join us to discuss the oral arguments in the Delphi case. What did we learn? What can we expect? And what comes next now that we have a decision from the Supreme Court?
Sponsored by Progressive Insurance.
85: Murdaugh Goes Back to Court And It Goes...Poorly
18 januari 2024 |
39 min
It was a rough preliminary hearing for Alex Murdaugh as the court laid down the law on what to expect in the upcoming evidentiary hearing. And the Murdaugh team couldn't have liked what they heard about who they can call, how they can be questioned, and the standard that will govern the hearing. We break it all down.
This episode is sponsored by Progressive Insurance.
84. Legal Smörgåsbord
11 januari 2024 |
53 min
It's a veritable buffet of legal news. Gypsy Rose got out of prison, Murdaugh prepares for his evidentiary hearing, and they're tearing down houses in Idaho. We talk about it all.
83. Oral Argument in the Delphi Case
4 januari 2024 |
60 min
We dig into how oral argument works and what to expect as the Delphi case goes before the Indiana Supreme Court.
Sponsors:
Progressive Insurance
82. Hearsay Part 1
22 december 2023 |
44 min
We finally dive into hearsay. Apologies for Alice's slightly muffled sound.
81. Kouri Richins and Attorney Client Privilege
14 december 2023 |
78 min
It's one of the most bizarre murder cases you'll ever hear, and it only gets weirder by the day. We discuss the twists and turns in the Kouri Richins murder case.
80. Your Questions, Our Answers
7 december 2023 |
128 min
79. Delphi Hearing Transcript Part 2
1 december 2023 |
35 min
We conclude our discussion of the hearing in Delphi and the mandamus petitions that followed. What is likely to happen, and what will it mean for the case?
78. Delphi Hearing Transcript Released
30 november 2023 |
65 min
The transcript of the in-chambers meeting between the prosecution, defense, and Judge Gull in the Delphi case has been released. What have we learned? And what does it mean for the future of the case?
77: Murdaugh -- The State Responds
23 november 2023 |
54 min
The state has responded to Murdaugh's bombshell motion for a new trial based on jury tampering. We discuss what's next.
Update: The judge did elect to recuse. A new judge has not been appointed to decide on the motion.
76. The Right to Continuity of Counsel
16 november 2023 |
76 min
With the debate over the removal of Richard Allen's counsel in Delphi raging, we take a step back and look at the law. What has the Supreme Court said about right to counsel? The right to continuity of counsel? What does that mean? And does it matter if it's counsel you hired versus counsel appointed to you? We talk about it all.
Citations:
Anne Bowen Poulin, Strengthening the Criminal Defendant's Right to Counsel, 28 Cardozo L. Rev. 1213, 1249 (2006).
Keith Swisher, Disqualifying Defense Counsel: The Curse Of The Sixth Amendment
Wheat v. United States, 486 U.S. 153, 159 (1988).
Caplin & Drysdale, Chartered v. United States, 491 U.S. 617, 624 (1989).
United States v. Gonzalez-Lopez, 548 U.S. 140, 144 (2006).
Morris v. Slappy, 461 U.S. 1, 13–14 (1983).
Daniels v. Lafler, 501 F.3d 735, 740 (6th Cir. 2007).
75. Mandamus Mania: As the Delphi Turns
8 november 2023 |
57 min
Like sands through the hour glass, weirdness continues to pile up in Delphi. What is a mandamus? And what's next? (The answer, apparently, is another mandamus petition, but we'll discuss that in a later episode.)
74: Updates in Murdaugh and Delphi
2 november 2023 |
61 min
(This was recorded before the attorneys for Richard Allen attempted to re-enter the case, but with those efforts stopped...for now...everything should still apply).
Two of the biggest cases in true crime have had big developments. We break them down.
73: Delphi Shocker -- The Defense Withdraws
26 oktober 2023 |
62 min
There was a hearing in Delphi, and it was a doozy. After an inexcusable leak of crime scene photos, Richard Allen's attorneys have withdrawn from representing him. What's next? How did this happen? And how will it affect the Delphi case? Aine and Kevin from The Murder Sheet join us to discuss the latest developments.
72. Cell Phone Analysis Demystified
19 oktober 2023 |
69 min
FBI CAST Agent Jay Berni joins the show to talk all things cell phones. How does cell phone analysis work? How accurate is it? And how is it getting even better as technology develops?
71: The Latest in the Ellen Greenberg Case
12 oktober 2023 |
53 min
The Commonwealth Court of Pennsylvania has spoken in the Ellen Greenberg case, and it's not good. We tell you what happened, what it means, and what's next.
https://gavinfish.com/cases/ellen-greenberg/
70. Delphi: The Prosecution Responds
4 oktober 2023 |
68 min
The Prosecution responds to the 135 page "Franks" motion in the Delphi case with...8 pages. That tells you a lot. We will tell you the rest.
Legal Briefs 69: Delphi Murders: A Paganistic Sacrifice by an Odinist Cult?
27 september 2023 |
58 min
Yes, you read that right. In a shocking filing, the defense in the Delphi murders case alleged that the murderer of Abby and Libby is not Richard Allen. Instead, a cult of white supremacist Odin worshippers sacrificed them. What does it mean? And what's next?
68: Murdaugh Madness Part 2 with Bob Motta
21 september 2023 |
61 min
We continue our discussion of the accusations about juror tampering in the Murdaugh case, but this time Bob Motta of Defense Diaries joins us.
67: Murdaugh Madness Part 1
14 september 2023 |
55 min
A shocking new filing by the defense leaves everyone wondering--are we doing this whole thing again? And this time, freaking out is appropriate.
66: Convicting a Murderer--A Conversation with Shawn Rech
8 september 2023 |
46 min
Shawn Rech freed an innocent man with the groundbreaking documentary, Murder in the Park. Now he takes on one of the most controversial innocence cases out there--that of Steven Avery. He tells us all about his newest project, Convicting a Murderer, which raises some disturbing questions about the motives and manipulations behind the Netflix blockbuster, Making a Murderer.
65: Genetic Genealogy and the Right to Privacy Part 2
7 september 2023 |
31 min
We were talking about genetic genealogy, and we just kept talking. So here's the rest of the conversation.
64. Genetic Genealogy and the Right to Privacy Part 1
31 augusti 2023 |
43 min
We talk about genetic genealogy and the right to privacy. And then we just kept talking. This is part 1.
63. The Idaho Murders and Genetic Genealogy
24 augusti 2023 |
64 min
Genetic genealogy is back in the news after a motion to compel in the Idaho Murder trial. We talk about the problems with that motion and why it should fail.
62: Student Loan Forgiveness and the Supreme Court
17 augusti 2023 |
50 min
In 2022, the Biden Administration announced a $500 billion loan forgiveness program for Americans with student loans. It was quickly challenged, and the Supreme Court struck it down? Why? And what can this case teach us about the separation of powers?
61. Blind Pleas and Plea Agreements
10 augusti 2023 |
54 min
Despite what you see on television, most criminal cases don't end in trials. They end in plea agreements. We discuss why this is, the benefits of plea agreements, and when judges can refuse to accept them.
60. Double Jeopardy
2 augusti 2023 |
36 min
If you're tried and acquitted in the United States, can you be tried again in the same court? The short answer is no, but we spend 33 minutes saying that over and over again--with a few caveats. But no, the answer is no.
59. More on LISK with Bob Motta of Defense Diaries
27 juli 2023 |
62 min
Our buddy Bob Motta joins us to talk about what's next in the LISK case from the defense side of the aisle.
58. The Capture of LISK with The Consult's Julia Cowley
20 juli 2023 |
69 min
FBI profiler Julia Cowley-- who worked the LISK case with the Behavioral Analysis Unit--joins us to discuss the potential capture of the infamous Long Island Serial Killer. Check out her show, The Consult, below or wherever you get your podcasts.
https://podcasts.apple.com/us/podcast/the-consult/id1586909557
57. Live with The Broken System Podcast
13 juli 2023 |
47 min
Broken System Podcast joins us to talk about the murder of D.J. Fickey. Once ruled a suicide, Fickey's death was not only recently ruled a murder--a suspect is now in custody. How did this happen? What went wrong? And how did it go right?
56. Delphi Document Release Reaction with The Murder Sheet
6 juli 2023 |
54 min
The Murder Sheet joins us to discuss the newly released documents in the Delphi case. And there are some bombshells. With Richard Allen's apparent confession, is the trial over before it even begins?
55. Motions to Suppress
29 juni 2023 |
37 min
Motions to suppress are one of the most complicated, and most important, legal devices. How do they work? And how often do they succeed?
54. Delphi Hearing with The Murder Sheet
22 juni 2023 |
60 min
The guys from Murder Sheet join us to discuss the hearing in the Delphi murder case that morphed from a bail hearing to a suppression hearing to a hearing on Richard Allen's conditions of confinement. And a bombshell--did Allen not only confess, but do so multiple times?
53: Federal vs. State Jurisdiction
15 juni 2023 |
39 min
In the United States, we primarily have two systems of law enforcement--the federal and the state. How do they work together? What can the states do that the feds can't? And why is it like that? We discuss it all.
52: Case Progression
8 juni 2023 |
56 min
Ever wonder how a case moves from investigation to indictment? When do grand jury and motions to suppress come in? And when is it over? We walk you through the life of a case, from beginning to end.
51. The Flatiron Fiasco
1 juni 2023 |
33 min
It's one of the most iconic buildings in the world. But how did this New York City landmark end up at the center of one of the weirdest auctions in real estate history?
Update: On May 24, the Flatiron Building sold at auction to the Gural group for $151 million dollars.
50: Grand Juries
25 maj 2023 |
42 min
We talked about trial juries. Now let's dive into the exciting and mysterious world of the grand jury! Why are they secret? What happens behind the scenes? And are they even worth having at all?
49: The Guilt and Innocence of Crosley Green
18 maj 2023 |
38 min
Crosley Green was innocent and released from prison. Until he wasn't. Is this a case of a grave injustice? Or the system working as it should? Or both?
Sponsors:
Allegiance Gold
48: A Conversation with FBI Profiler Julia Cowley
11 maj 2023 |
75 min
FBI profiler Julia Cowley joins the show to discuss behavioral profiling, its pros and cons, and everything Brett gets wrong. And she applies her experience to a couple famous unsolved(?) cases.
47: Quashing More Idaho Nothing Burgers
4 maj 2023 |
41 min
We use the latest misinformation about the Moscow Murders to talk subpoenas, preliminary hearings, and motions to quash.
46: Jury Selection
27 april 2023 |
41 min
Ever wonder how exactly jury selection works? We give you the behind the scenes story.
45. DNA: ID Joins the Show
20 april 2023 |
57 min
Jessica Bettencourt, host of DNA: ID, joins Brett to talk about the possibilities and pitfalls of genetic genealogy.
44. Giglio and the Moscow Murders
13 april 2023 |
36 min
There's been a lot of reckless reporting about the case in Moscow, Idaho. We talk Giglio and search warrant affidavits.
43. The Death of Anthony Mitchell with Leah Dee
6 april 2023 |
70 min
Leah Dee from the Least of These podcast joins Brett to discuss the death of Tony Mitchell while in the custody of the Walker Count Sheriff's Office in Jasper, Alabama. Was it a tragic accident? Or something more sinister? And how does someone's body temperature drop to 72 degrees?
42. Adnan Syed's Conviction Reinstated
31 mars 2023 |
78 min
When Adnan Syed's murder conviction was vacated after a questionable process, we lamented the court and prosecution's failure to follow the law. The consequences of that failure became evident when the Maryland Court of Appeals vacated the vacation and reinstated Syed's conviction. What happened? What's next? And what does it all mean?
41. Bob Motta Talks Murdaugh Verdict
23 mars 2023 |
41 min
We wrap up our coverage of the Murdaugh verdict with our friend and host of Defense Diaries, Bob Motta.
40. Alex Murdaugh: The Verdict Part 2
16 mars 2023 |
46 min
We continue our live reaction to the Murdaugh verdict with our patrons.
39. Alex Murdaugh: The Verdict Part 1
9 mars 2023 |
48 min
The verdict is in. We react live with our Patrons.
38. The Murdaugh Trial with Bob Motta Part 2
2 mars 2023 |
47 min
We continue our discussion of the Murdaugh case with Bob Motta of Defense Diaries. Should Alec Murdaugh testify? And has the prosecution proved its case?
37. The Murdaugh Trial with Bob Motta Part 1
23 februari 2023 |
42 min
We discuss the Murdaugh Trial with Bob Motta of The Defense Diaries. With the prosecution wrapping up, where do things stand?
36. Rule 404 and the Murdaugh Trial
16 februari 2023 |
60 min
The Murdaugh Trial has captivated the nation, but some have been confused about the amount of testimony related to Alex Murdaugh's financial crimes. Why is that allowed? Should the judge have let it in? And is it a problem on appeal?
35. The Insanity Defense and Postpartum Psychosis
10 februari 2023 |
50 min
We review the insanity defense, with a focus on postpartum psychosis and the tragic case out of Massachusetts involving Lindsay Clancy.
34. Charging Minors as Adults and the Wisconsin Murder Case
3 februari 2023 |
43 min
We tackle the difficult question of when and how children are charged as adults, with an emphasis on the recent case from Wisconsin.
33. Alec Baldwin and Involuntary Manslaughter
27 januari 2023 |
47 min
A New Mexico DA has now decided to charge Alec Baldwin with 2 counts of involuntary manslaughter. But will the charges stick? Or has the DA fundamentally misinterpreted the law and what it takes to convict someone of involuntary manslaughter?
32. Judge Trevor McFadden and the Shadow Docket
20 januari 2023 |
50 min
We're honored to have Washington, D.C. federal district court judge Trevor McFadden join us to discuss a recent controversy--the Supreme Court's use of the so-called "shadow docket." What is it? How does it work? And should we be worried?
31: The Moscow Murders Probable Cause Affidavit
11 januari 2023 |
89 min
In this episode recorded live with our patrons, we discuss the release of the probable cause affidavit in the Moscow case, what it means, and what's next.
30: An Arrest in Moscow
5 januari 2023 |
35 min
The police have made an arrest in the quadruple murders in Moscow, Idaho. What do we know? And what's next? We discuss live with our Patrons.
29: The Murders in Moscow, Idaho
16 december 2022 |
49 min
We take a look at the horrific quadruple murder in Moscow, Idaho. What do we know (not much)? What are the police looking for? And when will we find out who committed this terrible crime?
28: Our Love Letter to Public Defenders
9 december 2022 |
41 min
Some people give public defenders a bad name, but we love them. In this episode, we talk about how public defenders work and about the appointed attorneys in the Delphi case.
27: Delphi Probable Cause Affidavit with Murder Sheet
2 december 2022 |
59 min
We're joined by our friends from Murder Sheet to discuss the probable cause affidavit which was finally unsealed in the Delphi case.
26. Delphi Hearing Reaction with Bob Motta
23 november 2022 |
69 min
The hearing to unseal the probable cause affidavit in Delphi brought with it a lot of news. But with Alice in Alaska, where can we turn for expert analysis? Our good friend Bob Motta from Defense Diaries not only fills in but brings expertise from the other side of the aisle to the discussion.
25. The Crime of Feeding the Homeless
18 november 2022 |
42 min
In most cities and states, you can be arrested for the terrible crime of...feeding the homeless? But is feeding the homeless actually a form of speech or even religious worship? We dive in to a strange and quirky area of the law.
24. Darrell Brooks and Sovereign Citizens
11 november 2022 |
40 min
You wanted to talk sovereign citizens and the Darrell Brooks trial. Be careful what you wish for.
23: Delphi Charges and Sealed Affidavit
4 november 2022 |
53 min
We talk recent developments in the case against Richard Allen, including the charges, continuing investigation, and the sealed probable cause affidavit.
22: Legal News Smorgasbord
28 oktober 2022 |
43 min
So much has been going on in legal news. We discuss Alex Jones, the Kristin Smart trials, and, of course, Darrell Brooks.
21. NetChoice and Internet Freedom
21 oktober 2022 |
42 min
If a social media company decides to censor what you can say on their platform, is there anything you can do about it? Or does the First Amendment give them carte blanche to do whatever they want?
20: The Duties of a Prosecutor
14 oktober 2022 |
43 min
The Adnan Syed story had people asking us about the role of prosecutors in preventing wrongful convictions. What should they do and what are their limits? We discuss that and more.
19. Interpreting Statutes
7 oktober 2022 |
45 min
How do judges interpret statutes? What are the different theories about what laws mean? We tackle those questions and more.
18. Self Representation
30 september 2022 |
37 min
They say that a man who represents himself has a fool for a lawyer. What are the rules if you want to represent yourself? And should you do it?
17: Adnan Syed and the Murder of Hae Min Lee
23 september 2022 |
83 min
To the delight of many, Adnan Syed was released from prison this week, his conviction for murdering Hae Min Lee vacated. Surprisingly, this was the result of the state's own motion. How did this happen? What arguments did the state make? And did the court get it right?
16. Self Defense and the Shooting of James Rayl
16 september 2022 |
43 min
Your daughter's ex-boyfriend comes to your house and tries to break in. You warn him you have a gun, but he just keeps coming. You fire three shots and the man dies. Is it murder? Or is it self defense?
15. Legal Privileges
9 september 2022 |
40 min
Can you prevent your wife from testifying against you? Are your conversations with your priest protected by the law? And what are the limits of attorney-client privilege? We discuss all this and more.
14. Felony Murder and the Casey and Vicky White Case
2 september 2022 |
38 min
Can you be convicted of murder, even if you didn't kill anyone? Turns out, you can! We discuss felony murder and Brett rants about Britain and the murder of Andrew Harper.
13. Casey Anthony and Double Jeopardy
26 augusti 2022 |
41 min
The Casey Anthony case raised a lot of questions. Can Casey Anthony ever be charged again? Could the judge have overturned the jury's verdict? What obligation does the defense have if they know she's guilty? We answer these questions and more.
12. Legal Ethics
19 augusti 2022 |
46 min
Jose Baez had some of you asking--just what are the limits to what a defense attorney can say during a trial? And what in the world was going on in the Alex Jones/Info Wars defamation case?
11. Deshaun Watson and Arbitration
12 augusti 2022 |
53 min
In this episode, we tackle some civil law. The arbitrator's decision in the NFL v. Deshaun Watson case created a firestorm. Why did the arbitrator do what she did, did she get it right, and what's next? Update: We speculated that the NFL might not want to appeal because no one wants Roger Goodell to hear the case. The NFL did appeal, and Goodell promptly stepped aside. So the appeal will be heard by yet another independent arbitrator. We will keep you informed as this interesting case develops.
10. Harris v. State and Rule 403
5 augusti 2022 |
35 min
It was a story that outraged the nation--Justin Harris left his son to die in a hot car while he sexted with an underage girl. He was convicted of murder, but the nation was outraged again when the Georgia Supreme Court vacated his conviction. Why did they do it, and did they get it right? Join us for a dive into the rules of evidence and Rule 403.
09. The Law of Precedent
29 juli 2022 |
47 min
What is precedent anyway? And why does it seem like the courts are always changing it? We get real nerdy and talk about how precedent binds courts...until it doesn't.
08. The Kristin Smart Trial and Dual Juries
22 juli 2022 |
34 min
One trial, two juries? How does that work? We look at the trial of Paul and Ruben Flores to find out.
07. West Memphis 3 and Habeas Corpus
15 juli 2022 |
35 min
We take a look at the West Memphis 3's efforts to DNA test evidence, explain why the trial court got it right, and give our thoughts on next steps.
06. Miranda and the 100 Mile Enforcement Zone
8 juli 2022 |
38 min
Did the Supreme Court just gut Miranda while at the same time letting cops come into your house and search it without a warrant if you live 100 miles from the border? We look at these cases and explain why maybe TikTok isn't your best source for legal news.
05. Adnan Syed and Ineffective Assistance of Counsel
1 juli 2022 |
42 min
We continue our look at ineffective assistance of counsel through the lens of the Adnan Syed case.
04. A Fool for a Lawyer: Ineffective Assistance of Counsel
24 juni 2022 |
41 min
We dive into the standard for ineffective assistance. Just how bad does it have to be for a convicted person to get another trial? The answer? Pretty bad.
03. The Lawyer Dog
17 juni 2022 |
34 min
Did a man really miss out on a lawyer because he asked for a "lawyer, dog" instead of just asking for a "lawyer"? And we read an insightful email on the Dammion Heard case.
02. The Supreme Court and Wrongful Convictions
10 juni 2022 |
39 min
Did the Supreme Court recently gut the lifeline for those claiming wrongful convictions? And an update on the Moab murders of Kylen Turner and Chrystal Schulte.
01. Johnny Depp and Amber Heard: Dead Men Tell No Tales
3 juni 2022 |
47 min
It's the defamation trial of the century, Johnny Depp v. Amber Heard. We talk about the legal standard for defamation, what's really going on here, and who we think is going to win (and our reaction to the answer). We also talk about the difference between civil and criminal juries and why this case was brought in Virginia.
The Prosecutors: Legal Briefs Trailer
31 maj 2022 |
1 min
Alice and Brett, hosts of the true crime podcast, The Prosecutors, bring their experience as prosecutors to the hottest stories in true crime. Whether it’s breaking developments in a cold case, the intricacies of sentencing, or analysis of what’s really going on in trials in the news, they’ll have you covered. Launching June 3rd, 2022.
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En liten tjänst av I'm With Friends. Finns även på engelska.