Daniel Kristof Lak v. California
DueProcess JusticiabilityDoctri
Whether a prosecutor's duty to disclose exculpatory and impeachment information under Brady should be extended to include mandating the disclosure of conflicts of interest and material impeachment information when a law enforcement witness, themselves, becomes the subject of an unrelated criminal investigation
QUESTION PRESENTED When a law enforcement witness in a criminal trial, themselves, becomes the subject of an unrelated criminal investigation, the prosecution is faced with the dilemma of how to preserve the officer’s reputation as a witness in one criminal trial, while being tasked with the duty to investigate the same law enforcement witness, now turned potential defendant, in another criminal trial. Wherefore, the Question Presented is: (i) Whether a prosecutor’s duty to disclose exculpatory and impeachment information under Brady should be extended to include mandating the disclosure of conflicts of interest and material impeachment information when a law enforcement witness, ; themselves, becomes the subject of an unrelated criminal investigation, thereby ensuring that no member of law enforcement is “above the law” and that all members of a prosecution team are to be “above reproach.” 1 .