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Monday, October 1, 2018

CRIMINAL LAW ETHICS

Is it proper to attack on cross a known truthful witness?
Yes.

Is it OK to call a witness you know will commit perjury?
Prosecutors waffle on this. Why? Because they routinely call witnesses working off charges, who are known to the prosecutor to be highly likely, if not known with certainty, to be committing perjury. What does Brady mean here?

Is it ok to withdraw because you reasonably believe your client will commit perjury?
No. US v Midgett, 4th CIR

All of this varies by state as well.

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