- Criminal Defense
- Sex Crimes
Criminal Defense Lawyer John E. MacDonald, Inc. of Providence, Rhode IslandSchedule a Consultation
RHODE ISLAND CRIMINAL DEFENSE
A Practice Manual, 4th Edition
© John E. MacDonald
R.I. RULES OF PROF’L CONDUCT R. 3.3: Candor Toward the Tribunal
If a lawyer has offered material evidence and comes to know of its falsity, the lawyer shall take reasonable remedial measures.
State v. McDowell, 681 N.W.2d 500 (Wis. 2004). Defense counsel committed error by substituting narrative form questioning for traditional questions and answers because defendant never expressly admitted his intent to testify falsely and counsel failed to inform defendant, opposing counsel, and the court of the change in questioning style prior to using narrative. However, the error caused no prejudice to defendant.
Larngar v. Wall, 918 A.2d 850 (R.I. 2007). Defendant filed a motion for post-conviction relief based on ineffective assistance of trial counsel. At trial, counsel believed that defendant intended to present perjurious testimony and attempted to dissuade him from testifying. When the defendant insisted, trial counsel threatened to withdraw. Then, without defendant’s knowledge, counsel brought the issue to the trial justice in an ex parte chambers conference. Under the trial justice’s advice, counsel continued with the trial and the defendant eventually agreed not to testify.
Call the Attorneys at The Law Offices of John E. MacDonald, Inc. at 401.421.1440 or EMAIL us today.
© John E. MacDonald. All Contents Copyright 2004-2011 John E. MacDonald. All Rights Reserved.
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter. Also, the Rhode Island Supreme Court licenses all lawyers in the general practice of law, but does not license or certify any lawyer as an expert or specialist in any field of practice.
© 2023. All rights reserved.