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Prosecutor called a liar in front of Jury

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August 29, 2010, 10:10
Mark L
Prosecutor called a liar in front of Jury
What specific rules, if any, are violated from the Texas Rules of Professional Conduct when a defense attorney says during trial, in front of the jury, that the prosecutor was just "lying" about an issue when addressing the Court ? Thanks.
August 29, 2010, 17:27
Gretchen
Wait - there's an ethical rule against that? I knew about the one for prosecutors not calling defense attorneys liars, but didn't know that was mutual. Roll Eyes
August 29, 2010, 19:45
Mark L
To anyone interested - I just found these two cases that reference Disciplinary Rule 3.04(c):

Checker Bag Co., a Div. of Checker Food Products Co. v. Washington
27 S.W.3d 625
Tex.App.-Waco,2000.

Amelia's Automotive, Inc. v. Rodriguez
921 S.W.2d 767
Tex.App.-San Antonio,1996.
August 30, 2010, 08:45
Scott Brumley
Also take a look at Tex. Disciplinary R. Prof'l Conduct 8.02(a).

Reminds me of the good old days when an adversary called me a "clueless misdemeanor prosecutor" in open court. In a civil case. I averted to Rule 8.02. The (visiting) judge's response? "Whatever."
August 30, 2010, 14:51
JB
Would your answer change if he called you a liar AWAY from the jury?
August 31, 2010, 13:34
JK McCown
Or if he called you a liar in the forest and nobody heard it....