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A legal ethics blog of Prof. Dane S. Ciolino

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Tag: 3.8(d)

Louisiana Rule Making

Louisiana District Attorneys Call for Amendment to Brady Obligation in Rule 3.8(d)

On July 22, 2019, the Louisiana District Attorneys Association sent a formal request to the Chief Justice of the Louisiana Supreme Court requesting that the court amend Louisiana Rule of …

Louisiana Rule Making

LSBA Rejects Rule Amendment to Clarify Prosecutors’ Brady Disclosure Obligations

Nearly two years ago, the Louisiana Supreme Court resolved an unsettled question as to whether a prosecutor’s “ethical” duty to disclose exculpatory evidence under Louisiana Rule of Professional Conduct 3.8(d) …

Recent Cases

Tennessee Struggles with Prosecutorial Disclosure Issue Resolved by Louisiana in 2017

In the spring of 2018, the Tennessee Board of Professional Responsibility issued an advisory opinion addressing the scope of a prosecutor’s obligation to disclose exculpatory information to the defense and …

Louisiana Cases

Prosecutor’s Ethical Duty to Disclose Exculpatory Information is Coextensive With Constitutional Duty

On October 18, 2017, the Louisiana Supreme Court resolved an unsettled question as to whether a prosecutor’s “ethical” duty to disclose exculpatory evidence under Louisiana Rule of Professional Conduct 3.8(d) …

Louisiana Cases

SCOTUS Reverses Louisiana Murder Conviction for Prosecutorial Misconduct

On March 7, 2016, the United States Supreme Court reversed the capital murder conviction of Michael Wearry due to the failure of prosecutors to disclose evidence that could have been …

Recent Cases

Is a Prosecutor’s “Ethical” Obligation to Disclose Exculpatory Evidence Broader Than the “Constitutional” Obligation to Do So?

The Due Process Clause requires a prosecutor to disclosure exculpatory evidence only if the evidence is “material.” Evidence is “material” when failing to produce it would be “of sufficient significance …

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