A prosecutor does not violate paragraph (g) of this rule if

Professional Conduct

Rule: 4.2

Jurisdiction: AK

Bluebook Citation: Alaska R. Prof. Conduct 4.2

the prosecutor makes a good faith judgment that the new evidence is not of such a nature as to trigger the obligations of paragraph (g), even though the prosecutor’s judgment is later determined to have been erroneous. LAW REVIEW COMMENTARIES “Guilty But Mentally Ill: The Ethical Dilemma of Mental Illness as a Tool of the Prosecution,” 32 Alaska L. Rev. 1 (2015).

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