Robert Phillips
- Ref # CAB10033
- February 26, 2025
Supreme Court Reverses Conviction Over Prosecutorial Misconduct in Death Penalty Case
Prosecutorial Misconduct - Case Alert
Attention Prosecutors, Judicial Officers, and Private Counsel
By Robert Phillips, Deputy District Attorney (Ret.)
A Prosecutor Allowing the Use of False Testimony and Failing to Provide Relevant Evidence: In the U.S. Supreme Court decision of Napue v. Illinois (1959) 360 U.S. 264, 269, it was held that a conviction obtained through the knowing use of false evidence violates the Fourteenth Amendment’s Due Process Clause. To establish a Napue violation, a defendant must show that the prosecution knowingly solicited or allowed false testimony to go uncorrected. If a ....
