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Prosecutors, Present and Past, Face New Exculpatory Evidence Rule

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Prosecutors, Present and Past, Face New Exculpatory Evidence Rule | Texas Lawyer
















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https://www.law.com/texaslawyer/2024/06/18/prosecutors-present-and-past-face-new-exculpatory-evidence-rule/

CDRR 2023 members Seana Willing, Tim Belton, Vincent Johnson, Scott Brumley vote to send Rule 3.09 to the board of the State Bar of Texas.

The duty of prosecutors to disclose exculpatory evidence was the most commented on proposed rules of any since the Committee on Disciplinary Rules and Referenda was formed in 2017, former committee member Claude Ducloux said.

June 18, 2024 at 03:27 PM

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What You Need to Know

  • A proposed disciplinary rules pending at the Texas Supreme Court involves a duty for prosecutors to disclose information that could exonerate convicts.
  • If approved, prosecutors would have to inform the courts, defenses attorneys and the convicted of new evidence.
  • A prosecutor or former prosecutor would face disciplinary action if found to have not acted in good faith.

The most debated and anticipated of 12 new disciplinary rules under review at the Texas Supreme Court would mandate prosecutors to disclose information that could exonerate convicted defendants.

In an April referendum, the members of the bar voted to recommend for approval 12 rules.

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