6 days ago
1 month ago
Huge win for the Defense!
I. Does a prosecutor’s duty under RPC 3.8(d) to disclose to the defense “all evidence or information known to the prosecutor that tends to negate the guilt of the accused or mitigate the offense” and in connection with sentencing, “all unprivileged mitigating information known to the prosecutor” extend beyond the “material” standard as construed by federal or state constitutional decisions?
THE ANSWER IS YES.
Tennessee Rule of Professional Conduct 3.8(d) is a separate ethical obligation of prosecutors and was not meant to be coextensive with a prosecutor’s legal disclosure obligations. This ethical duty is separate from disclosure obligations imposed under the Constitution, statutes, procedural rules, court rules, or court orders. A prosecutor’s ethical duty to disclose information favorable to the defense is broader than and extends beyond Brady. Once a prosecutor knows of evidence and information that tends to negate the guilt of the accused, or mitigates the offense, or falls within RPC 3.8(d)’s disclosure requirement, the prosecutor ordinarily must disclose it as soon as reasonably practicable.
This _____day of_________, 2018.
#whereeverjusticedemands
