In re: Jeffery Auerhahn

Name of Publication: 
United States Court of Appeals for the First Circuit
Publication Type: 
Additional Authors: 
Lawrence Fox, Drinker, Biddle, & Reath, LLP.
John Reinstein
Monday, April 9, 2012
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On Appeal from a Memorandum and Order of the United State District Court for the District of Massachusetts.

Brief for Amici Curiae Legal Academics in Support of Petitioner/ Appellant and Reversal of the Decision Below. 


Amici Curiae are legal academics, one of whom is a former federal

judge in the District of Massachusetts and two of whom are legal ethicists.

Amici all have backgrounds in professional ethics and/or the administration

of criminal justice. Their interest is in ensuring that the Court’s

consideration of this issue recognizes the fact that prosecutors’ ethical

obligation to disclose exculpatory information is both independent of and

broader than prosecutors’ obligations under the Constitution’s Due Process

Clause. Amici are concerned that, absent robust professional discipline for

clear violations of the ethical duty to disclose information to the defense,

respect for this fundamental duty will be eroded, leading to more wrongful

convictions and compromising the public’s confidence in the justice system...