In the Supreme Court of the United States

In The Supreme Court of the United States

Dexter (Petitioner) v.

Michigan State Prosecutor (Respondent )

On Writ of Certiorari

To the Supreme Court of the United States

BRIEF AMICUS CURIAE OF THE

Criminal Bar Association

In Support of Dexter [petitioner]

The rights of Dwight Dexter were not adequately upheld in the criminal justice system. Important evidence was suppressed by the prosecution, including the fact that one of the witnesses was a paid informant of the state, and that another witness had made up Dexters confession. Dexter was not initially provided adequate counsel, as his attorney had not even seen some of the evidence or prepared the witnesses. The jury also was impartial with its speed and its jurors being all white. Ultimately Sheriff Dodd tampered with the investigation and he searched and stripped Dexter from his belongings unlawfully. Because of these important factors it is abundantly clear that Dexters rights have not been properly upheld violating his 4th, 5th, and 6th amendment.

First off important evidence about the case was made up by the prosecution. One of the witnesses, Randolph Stone, has admitted that he lied at Dexters trial. Stone had originally claimed that Dexter had shown up at his house with a vehicle and a weapon and had confessed to the crime, while in fact Dexter had shown up unarmed, on foot, and did not confess. Another witness Morgan Livingston later admitted to being a paid informant of the state, which he had explicitly denied at the trial. Livingston admitted that he had lured Dexter to Detroit in an attempt to frame him. Also both of them said on trial that they hadn’t been trained by the prosecution but in reality they had. In the Supreme Court Case Brady v. Maryland, the court ruled that the use of certain illegal evidence violates due process. In this case it is clear that we’re perjury and some evidence was obtained illegally. Therefore, it can be concluded that Dexters right to due process has not been upheld which violates his 5th amendment.

Also it is unlikely that the defense provided Dexter with adequate counsel at the trial. Dexters attorney had not seen some of the important evidence, such as photographs of the crime scene and the ballistics report. Later, the attorney failed to prepare Dexters witnesses for the trial. In the case Strickland v. Washington, established

defendant’s conviction that his rights had been violated when his lawyer did not provide enough evidence to avoid the death sentence. The standard for