March 11, 2005
Ninth Circuit False Evidence Case
The en banc Ninth Circuit last week held that a defendant was entitled to a new trial because the lawyer for the key witness against him made a deal with the prosecutors, but did so in such a way that the witness could truthfully testify that no deal had been reached. The judge, jury and the witness himself were not told that the conseqence of the incriminating testimony would be that charges against the witness would be dropped. Story here, opinion here.
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