A Defendant's Right to Exculpatory Evidence: Does the Constitutional Duty to Disclose Exculpatory Evidence Extend to New Evidence Discovered Post-Conviction

Authors

Todd E. Jaworksy, California Western School of Law

First Page

245

Document Type

Note

Abstract

This note will first address Brady and the modifications made to the disclosure law by subsequent cases. Second, this note will explain the ethical obligations concerning a prosecutor's duty to disclose exculpatory evidence post-conviction as set out by the Model Rules of Professional Conduct. Third, this note will critically examine various case law in which the constitutional duty to disclose is seemingly extended to encompass post-conviction, newly discovered exculpatory evidence in the hands of the prosecutor. Finally, this note will conclude with an analysis and opinion of the disclosure law, discussing why the constitutional duty should be extended post-conviction.

Recommended Citation

Todd E. Jaworksy, A Defendant's Right to Exculpatory Evidence: Does the Constitutional Duty to Disclose Exculpatory Evidence Extend to New Evidence Discovered Post-Conviction, 15 St. Thomas L. Rev. 245 (2002).
Available at: https://scholarship.stu.edu/stlr/vol15/iss1/6