Wednesday, November 28, 2012
Ellen Yaroshefsky (Yeshiva University - Benjamin N. Cardozo School of Law) has posted New Orleans Prosecutorial Disclosure in Practice after Connick v. Thompson (Georgetown Journal of Legal Ethics, Vol. 25, No. 913, 2012) on SSRN. Here is the abstract:
The New Orleans Prosecutor's office under the 30 year leadership of Harry Connick was notorious for its failures to comply with constitutional requirements to disclose favorable information to the defense. The Supreme court in a range of cases including its 2011 decision in Connick v. Thompson, excoriated the prosecutor's office for its failures.
Leon Cannizzaro, elected as New Orleans prosecutor in 2008, made significant changes in that office. This article, the result of in depth interviews with key stakeholders in the New Orleans criminal justice system, including former prosecutors, examines the extent and effect of the policy and practice changes. It concludes with a series of proposals to improve disclosure practices in New Orleans that are applicable to other jurisdictions.