Criminal,
Constitutional Law,
State Bar & Bar Associations
May 12, 2017
Modifications to proposed prosecutor rule will have consequences
What some prosecutors fail to recognize is that there is no materiality requirement under existing California law regarding the duty to disclose exculpatory evidence.
Michael Ogul
Deputy Public Defender
Santa Clara County Public Defenders Office
120 W Mission St
San Jose , CA 95110-1715
Phone: (408) 299-7817
Fax: (408) 998-8265
Email: michael.ogul@pdo.sccgov.org
UC Hastings
Michael is past president of the California Public Defenders Association
Laurie L. Levenson
Professor of Law
Loyola Law School
criminal law
919 Albany St
Los Angeles , CA 90015
Phone: (213) 736-1149
Fax: (213) 380-3769
Email: laurie.levenson@lls.edu
UCLA Law School
Laurie is founding director of Loyola's Project for the Innocent and David W. Burcham chair in ethical advocacy.
Barry Scheck
Founder and Co-Director
Innocence Project Inc., Benjamin N. Cardozo School of Law
criminal law, litigation
40 Worth St Ste 701
New York , NY 10013
Phone: (212) 364-5390
Fax: (646) 336-6564
Email: bscheck@innocenceproject.org
UC Berkeley Boalt Hall
Barry is a past president of the National Association of Criminal Defense Lawyers
Charles M. Sevilla
Law office of Charles SevillaAppellate Practice, Criminal Law
402 W Broadway Ste 720
San Diego , CA 92101-8505
Phone: (619) 232-2222
Fax: (619) 644-4199
Email: chuck@charlessevilla.com
Santa Clara Univ School of Law
Charles is past president of California Attorneys for Criminal Justice.
California is the only state in the country without a Rule of Professional Conduct incorporating ABA Model Rule 3.8, special duties of prosecutors. Indeed, the territories of Guam, U.S. Virgin Islands, Puerto Rico and the District of Columbia also have this rule. But not California.
The California Rules Revision Commission and the Board of Trustees of the State Bar worked for over a year to produce the best rule possible, proposed as Rule 5-110. They considered all viewpoints. Well o...
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