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inre-petition-to-stay-the-effectiveness-of-formal-ethics-opn 2017-f-163.pdf
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🔗 Source: docs.tbpr.org
📊 Size: 171 KB
👤 Author: aocuser
⬇️ Downloads: 9

Summary

The Tennessee Supreme Court vacated Formal Ethics Opinion 2017-F-163 issued by the Board of Professional Responsibility. The Court granted a stay of the opinion's effectiveness pending review following a petition by the Tennessee District Attorneys General Conference. The Court declined to interpret a prosecutor's ethical duty under Rule 3.8(d) of the Tennessee Rules of Professional Conduct as broader than a prosecutor's legal obligations under Brady v. Maryland and its progeny, nor as requiring disclosure "as soon as reasonably practicable." Instead, the Court held that Rule 3.8(d) is coextensive in scope with a prosecutor's legal disclosure obligations under Brady and its progeny. The opinion was vacated with this specific interpretation of Rule 3.8(d).

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Description

The Tennessee District Attorneys General Conference petitioned this Court to vacate Formal Ethics Opinion 2017-F-163 and stay its effectiveness pending review. The Court granted the stay but declined to interpret a prosecutor's ethical duty under Rule 3.8(d) as broader than Brady v. Maryland requirements.

Technical Information

  • File Format: PDF
  • File Size: 171 KB
  • Pages: 14
  • Language: EN
  • Author: aocuser
  • Total Downloads: 9
  • Last Updated: 11 hours ago

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