Help Wanted: Seeking One Good Appellate Brief That Forces the Arkansas Supreme Court to Clarify Its Criminal Discovery Jurisprudence
By Brian Gallini · October 8, 2009 · 2009 Ark. L. Notes
In categories: Criminal Law
Assume a prosecutor here in Arkansas is interested in prosecuting a bank ofﬁcer for fraud. He has little evidence against the ofﬁcer, Smith, but a cooperating witness claims to know Smith and offers to help. This witness, Jones, has already been charged with four counts of tax evasion and offers to plead to guilty if the state agrees not to prosecute his company, its afﬁliates, or his family for their involvement in his tax schemes. The prosecutor accepts his plea on the condition that he provides all information about bribes he paid to Smith in connection with the tax scheme. Jones agrees and the prosecutor schedules a debrieﬁng session with Jones and his attorney.