A defendant whose conviction is overturned on appeal (and is later found not guilty) cannot sue the prosecutor for malpractice.

Question

Quizplus · Accepted Answer

This is because prosecutors have absolute immunity from being sued for actions taken in their role as a prosecutor. This immunity applies even in cases where the prosecutor may have acted maliciously or with reckless disregard for the defendant's rights. However, if there is evidence that the prosecutor engaged in unethical or illegal conduct, such as withholding exculpatory evidence, then the defendant may be able to file a complaint with the state bar or pursue other legal remedies.

A Defendant Whose Conviction Is Overturned on Appeal (And Is