Hypo: Post-Conviction Habaes, Defendant raises Brady issues, Defense attorney demands live testimony from Prosecutor.
1. Can you do an Affidavit re: Brady issues and remain on the case as Prosecutor? (Ethical pbs?)
2. Can the Judge order the Prosecutor to give live testimony? Does the Prosecutor have to give live testimony, if ordered by the Court?
3. Is there a difference b/t affidavit and live testimony for ethical purposes and disqualification under the Advocate/Witness rules?
4. Assuming that you either give an affidavit or testify live and the case comes back for re-trial, can you still prosecute?
You might start by taking a look at Chip Wilkinson's book on Prosecutor Ethics, published by TDCAA.
Another book is in the works on Habeas. Meanwhile, there is some info in the Capital Writs book, written by Roe Wilson for TDCAA.
Thanks for the Info, John... unbeknownst to me someone has talked with Chip, but we weren't aware of the Wilson stuff. Thanks again!
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