North Carolina has been a leader in Innocence litigation, and they have now enacted a rule requiring all attorneys (not just prosecutors) to divulge information about innocence.
The AP reports about the rule change, HERE.
The North Carolina Bar gave the following summary of the proposal:
Proposed Amendments to the Rules of Professional Conduct
27 N.C.A.C. 2, Rules of Professional Conduct,
Proposed amendments to two Rules of Professional Conduct require a prosecutor or a lawyer to disclose post-conviction information or evidence that may exonerate a convicted defendant. The proposed amendments to Rule 3.8, Special Responsibilities of a Prosecutor, set forth specific disclosure requirements for a prosecutor who comes into possession of new, credible information or evidence creating a reasonable likelihood that a defendant was wrongfully convicted. Proposed new Rule 8.6, Information About a Possible Wrongful Conviction, sets forth comparable requirements for all other members of the Bar. In addition, the comment to Rule 1.6, Confidentiality, is amended to add a proposed cross-reference to new Rule 8.6.
At the time of adoption by the council, corrections were made to proposed new Rule 8.6(b)(2) and (3) to simplify that a lawyer may not disclose information if the disclosure would harm the interests of a former client as well as a current client.
You can read the full rule HERE. The magic language is that the evidence of innocence must be credible and it was must create a reasonable likelihood that the defendant did not commit the crime.
The best stories you'll want to know about from Tennessee and around the country.
Certifications of Specialization are available to Tennessee lawyers in all areas of practice relating to or included in the areas of Accounting Malpractice, Business Bankruptcy, Civil Trial, Consumer Bankruptcy, Creditors’ Rights, Criminal Trial, DUI Defense Law, Elder Law, Estate Planning, Family Law, Juvenile Law, Legal Malpractice, Medical Malpractice, and Social Security Law. Listing of related or included practice areas herein does not constitute or imply a representation of certification of specialization.