MALICIOUS PROSECUTORIAL MISCONDUCT:

Jennifer Rausch is a U.S. attorney for the great State of Ohio. Before she got this position, she was a prosecutor in Franklin county, Columbus, Ohio. 

Markale Lundy's conviction should be reversed under plain-error review because of the exceptional circumstances that occurred in his trial.

Ordinarily, a claim of prosecutorial misconduct is reviewed de novo, but where no objection was made during Markale Lundy's trial, now the claim is reviewed for plain error. An appellate court may grant relief under plain-error only if four requirements are met. I give you Markale Lundy's four requirements.

1): There was a legal error during the trial. Jennifer Rausch convinced a jury that Markale Lundy's DNA was found at a crime scene. After his conviction the Columbus Ohio Crime lab for the police department notified the prosecutor's office stating they had erred in Lundy's DNA results, and that the change in from that error no longer implicates Lundy in any way.

2): The error is crystal clear. Jennifer Rausch convinced a jury of Markale Lundy's guilt with DNA evidence and a DNA expert, (Amoreena Pauley), who testified for the state against him. That evidence was WRONG.

3): The error seriously affected Markale Lundy's substantial rights. Being that he was found guilty over the error, and sentenced to 22 years for a crime he didn't commit.

4): The error seriously affected the fairness, integrity, and public reputation of the proceedings in Markale Lundy's trial. 

Meeting all four prongs is difficult, as it should be. A conviction should be reversed under plain-error review only in exceptional circumstances. There is no exceptional circumstance like Markale Lundy's. Jennifer Rausch has put away plenty of people. With prosecutorial misconduct like this, who is to say all of them are guilty. Markale Lundy is innocent. Don't take our family's word for it. Look up this miscarriage of justice for yourselves.

See Lundy v. Warden 2:2024cv03806.