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Affidavit of Non-Prosecution

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March 01, 2013, 16:15
C Wilde
Affidavit of Non-Prosecution
I have a defense attorney that says that an Affidavit of Non-Prosecution is Brady per se?

Is it?


C Wilde
March 01, 2013, 17:10
JB
Depends too much on how one interprets the content and surrounding circumstances. Disclose it and decide later whether it is admissible for impeachment. That way, any decision involves a ruling of law on admissibility subject to appellate review rather than an ethical/constitutional conundrum subject to a writ and/or grievance.