GPO-CONAN-2017-10-15.pdf

1151 the defendant called the witness because the

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1151 The defendant called the witness because the prosecution would not. 1152 Chambers v. Mississippi, 410 U.S. 284 (1973). See also Davis v. Alaska, 415 U.S. 786 (1974) (refusal to permit defendant to examine prosecution witness about his adjudication as juvenile delinquent and status on probation at time, in order to show possible bias, was due process violation, although general principle of protect- ing anonymity of juvenile offenders was valid); Crane v. Kentucky, 476 U.S. 683 (1986) (exclusion of testimony as to circumstances of a confession can deprive a defendant of a fair trial when the circumstances bear on the credibility as well as the voluntari- ness of the confession); Holmes v. South Carolina, 547 U.S. 319 (2006) (overturning rule that evidence of third-party guilt can be excluded if there is strong forensic evidence establishing defendant’s culpability). But see Montana v. Egelhoff, 518 U.S. 37 (1996) (state may bar defendant from introducing evidence of intoxication to prove lack of mens rea ). 1153 North v. Russell, 427 U.S. 328 (1976). 2043 AMENDMENT 14—RIGHTS GUARANTEED
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a deliberate deception of court and jury by the presentation of tes- timony known to be perjured. Such a contrivance . . . is as incon- sistent with the rudimentary demands of justice as is the obtain- ing of a like result by intimidation.” 1154 The above-quoted language was dictum, 1155 but the principle it enunciated has required state officials to controvert allegations that knowingly false testimony had been used to convict 1156 and has up- set convictions found to have been so procured. 1157 Extending the principle, the Court in Miller v. Pate 1158 overturned a conviction ob- tained after the prosecution had represented to the jury that a pair of men’s shorts found near the scene of a sex attack belonged to the defendant and that they were stained with blood; the defen- dant showed in a habeas corpus proceeding that no evidence con- nected him with the shorts and furthermore that the shorts were not in fact bloodstained, and that the prosecution had known these facts. This line of reasoning has even resulted in the disclosure to the defense of information not relied upon by the prosecution during trial. 1159 In Brady v. Maryland , 1160 the Court held “that the suppres- 1154 Mooney v. Holohan, 294 U.S. 103, 112 (1935). 1155 The Court dismissed the petitioner’s suit on the ground that adequate pro- cess existed in the state courts to correct any wrong and that petitioner had not availed himself of it. A state court subsequently appraised the evidence and ruled that the allegations had not been proved in Ex parte Mooney, 10 Cal. 2d 1, 73 P.2d 554 (1937), cert. denied , 305 U.S. 598 (1938). 1156 Pyle v. Kansas, 317 U.S. 213 (1942); White v. Ragen, 324 U.S. 760 (1945). See also New York ex rel. Whitman v. Wilson, 318 U.S. 688 (1943); Ex parte Hawk, 321 U.S. 114 (1914). But see Hysler v. Florida, 315 U.S. 411 (1942); Lisenba v. Cali- fornia, 314 U.S. 219 (1941).
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