Mar. 27, 2023 – In re Jenkins (Supreme Ct., S267391)

Petitioner filed a habeas petition in the Court of Appeal claiming the prosecution failed to disclose prior misconduct by key witnesses, and attached an unpublished opinion describing the then-juvenile witnesses by first name and last initial. The AG refused to confirm whether the opinion involved the witnesses. The Supreme Court holds the Attorney General is ethically and constitutionally obligated to disclose exculpatory evidence in response to a habeas petition alleging a Brady violation, and calls on prosecutors to “faithfully bear the special responsibilities” ascribed to them by our system of justice.