Different Roles of the Lawyer · 4-10% of the exam
19.2.1Post-Conviction Duties (Rule 3.8(g)–(h))
Quick review — Post-conviction duties (Rule 3.8(g)–(h)) (taught fully in Chapter 15)
Four points on post-conviction duties, and the fourth says what the in-jurisdiction limit does not reach.
- Rule 3.8(g) (reasonable likelihood): on knowing of new, credible, material evidence raising a reasonable likelihood the defendant did not commit the offense, promptly disclose to a court or proper authority.
- For an in-jurisdiction conviction, also disclose to the defendant (subject to court-authorized delay) and undertake or cause a follow-up investigation.
- Rule 3.8(h) (clear and convincing): when evidence rises to clear and convincing that an in-jurisdiction defendant did not commit the offense, take affirmative steps to remedy the conviction — disclosure alone isn't enough at this higher threshold.
- The in-jurisdiction requirement limits the investigation and remedy duties, not the initial disclosure; personal non-involvement in the original prosecution doesn't limit the duty.
Questions · 1
Q 01ch19-e04
Question 1 of 1 · Rule 3.8(g)
Prosecutor serves in the county where, five years ago, another lawyer in the same office obtained Defendant's conviction for a residential burglary. While preparing an unrelated case, Prosecutor found a pawnshop ledger never produced at the original trial that places the stolen property in a different person's hands on the morning of the burglary. Prosecutor regards the ledger as new, credible and material, and believes it creates a reasonable likelihood that Defendant did not commit the burglary. Prosecutor did not handle the original prosecution, and no court has authorized any delay. Which of the following describes what Prosecutor must now do?
Keys 1 to 4 choose.