Jump to Navigation

Criminal Cases

In the case of SMITH v. CAIN, the U.S. Supreme Court on January 10, 2012 (Case #10-8145), http://www.supremecourt.gov/opinions/11pdf/10-8145.pdf reversed the Decision of the Louisiana State Trial Court, which erroneously convicted the defendant of first-degree murder based upon the testimony of a single witness. At trial, the only witness to link the defendant to the crime untruthfully claimed he was face to face with the defendant during the initial moments of an armed robbery, and identified Smith as the first gunman to come through the door when two other gunmen entered the residence in question. There were no other witnesses and no physical evidence to implicate the defendant in the crime.

During a state post-conviction proceeding, the defendant obtained police files containing exculpatory statements by the eyewitness that contradicted his trial testimony, which evidence was not disclosed by the prosecution in the Discovery they provided to the defendant's counsel. The police investigator's notes made at both the time of the murder as well as five days later contained statements by this sole witness that he could not supply a description of the perpetrators other than they were black males, as he could not see their faces and further that he would not know any of them even if he saw them. The notes were so damaging to the prosecution it was a clear travesty of justice for the prosecution to have failed to provide this evidence to the defense. The U.S. Supreme Court concluded the prosecution's failure to disclose those statements violated the legal precedent established in the 1963 case of Brady v. Maryland, 373 U. S. 83, which held due process bars a State from withholding evidence that is favorable to the defense and mate­rial to the defendant's guilt or punishment.

CLICK HERE FOR YOUR FREE CASE EVALUATION

Tell Us About Your Case

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close
All information that you provide will be sent directly to the Managing Attorney at Spital & Associates.

Spital & Associates - San Diego Criminal Defense Attorneys

Samuel Spital and Associates
8880 Rio San Diego Drive, Suite 800
San Diego, CA 92108

Phone: 619-583-0350
Fax: 619-583-1850
San Diego Law Office

Banker's Hill Associate's Office
Of Counsel — Russell Babcock, Esq.
Samuel Spital and Associates
1901 First Avenue, Suite 138
San Diego, CA 92101

San Diego Banker Hill Office

Downtown Associate's Office
Of Counsel — Bill O'Connell, Esq.
Samuel Spital and Associates
110 West C Street
, Suite 1300
San Diego, CA 92101

San Diego Downtown Office

Call For A Free Case Evaluation | 619-583-0350