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Louisiana Legal Ethics

Louisiana Legal Ethics

A legal ethics blog of Prof. Dane S. Ciolino

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Tag: brady

Ethics Opinions

Tennessee Supreme Court Rejects Ethics Opinion on Prosecutors’ Brady Obligation

On August 23, 2019, the Tennessee Supreme Court declared that “the ethical obligations” of prosecutors to disclose exculpatory evidence under Rule 3.8(d) of Tennessee’s Rules of Professional Conduct are “coextensive …

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

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 …

Ethics Opinions

The Supervisory Responsibilities of Prosecutors

The ABA Standing Committee on Ethics and Professional Responsibility has released a formal opinion addressing the responsibilities of managerial and supervisory prosecutors. In Formal Opinion 467 (Sept. 8, 2014), the …

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