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Third Circuit Holds Habeas Petitioner’s Claim Based on Prosecutor Knowingly Using Perjured Testimony Not Subject to Brecht “Actual Prejudice” Standard
Loaded on Nov. 16, 2017
by Richard Resch
published in Criminal Legal News
December, 2017, page 16
Filed under:
Habeas Corpus.
Location:
Pennsylvania.
by Richard Resch
The U.S. Court of Appeals for the Third Circuit held that when the prosecution knowingly presents or fails to correct perjured testimony, the defendant is entitled to relief upon establishing a reasonable likelihood the false testimony could have affected the jury’s judgment and does not …
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More from this issue:
- Absurd, Abusive, and Outrageous: The Creation of Crime and Criminals in America, by Christopher Zoukis
- Study’s Data Show Racial Disparity in Plea Bargaining Outcomes, by Derek Gilna
- Missouri Supreme Court Holds Probation Revocation for Nonpayment of Court Costs Unconstitutional, by Mark Wilson
- Evidence Scandal Leads to the Dismissal of over 140 Texas Criminal Cases, by Matthew Clarke
- Fourth Circuit Holds Supervised Release Revocation Sentence Unreasonable, by Christopher Zoukis
- Urban Institute Releases Report Detailing the Effects of Criminal Background Checks on Employment, by Derek Gilna
- California SVP Determination Based on Hearsay Evidence Reversed, by Mark Wilson
- Alford Pleas: Prosecutors’ Choice for the Wrongfully Convicted, by David Reutter
- Eighth Circuit: Warrantless Seizure of Handgun Not Permitted under Plain View Doctrine, by Mark Wilson
- News in Brief
- Oregon Supreme Court Rules No Vindictiveness in Resentencing Where Longer Term for Specific Conviction but Overall Multi-Conviction Sentence Shorter, by Mark Wilson
- Seventh Circuit: Violent Cop’s Below-Guideline Sentence Not Justified, Again, by Mark Wilson
- Unloaded Firearm in Zipped Case Is Not “Deadly Weapon” under Oregon’s First-Degree Burglary Statute, by Mark Wilson
- D.C. Court of Appeals Rules Warrantless Use of Stingray Device Constitutes Unlawful Search and Reverses Defendant’s Convictions, by Richard Resch
- Eleventh Circuit Holds Defendants Voluntarily Consented to Search in Police Ruse to Search Home Purportedly to Investigate Burglary, by David Reutter
- Pennsylvania Supreme Court Rules State Sex Offender Registration Law Violates Ex Post Facto Clause, by David Reutter
- Georgia Supreme Court Rules Flipping the Bird Is Not Disorderly Conduct, by Christopher Zoukis
- New Study: “Broken Windows” Policing May Not Be as Effective as Thought, by Christopher Zoukis
- California Felonizes Some Prosecutorial Misconduct, by Matthew Clarke
- Ninth Circuit Concludes Mandatory Supervision Akin to Parole for Fourth Amendment Analysis, by Mark Wilson
- Proof of Law Enforcement Duty Is Primary Job to Establish Peace Officer Status, by David Reutter
- Oregon Enacts Law Requiring Grand Jury Testimony to Be Recorded—Finally!, by Mark Wilson
- Georgia Supreme Court Tosses DUI Conviction Based on Officer’s Testimony of Impairment, by Christopher Zoukis
- Third Circuit Holds Habeas Petitioner’s Claim Based on Prosecutor Knowingly Using Perjured Testimony Not Subject to Brecht “Actual Prejudice” Standard, by Richard Resch
- Nevada Supreme Court: Mistrial Due to Egregious and Improper Conduct by Prosecutor Bars Retrial, by Christopher Zoukis
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- Habeas Hints: SCOTUS Review 2016–17, by Kent Russell, Tara Hoveland
- Fourth Circuit Holds North Carolina Sex Offender Restrictions Unconstitutional, by Matthew Clarke
- Colorado Supreme Court Rules That Criminal Trespass Is a Lesser Included Offense of Burglary, by Christopher Zoukis
- Colorado Supreme Court Rules That Unlawful Sexual Contact Is a Lesser Included Offense of Sexual Assault, by Christopher Zoukis
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More from Richard Resch:
- Barred Before the Merits: A Federal Prisoner’s Guide to Federal Habeas Relief, Oct. 15, 2026
- Formally Available, Rarely Granted: A State Prisoner’s Guide to Federal Habeas Relief, Sept. 1, 2026
- Massachusetts Supreme Judicial Court Announces Postconviction Forensic Testing Statute Permits Digital Forensic Analysis of Cellphones, Holding Chapter 278A Not Limited to Tangible Evidence Testable for Biological Material, Aug. 1, 2026
- Relevant Conduct: How Federal Sentencing Law Punishes More Than the Crime of Conviction, Aug. 1, 2026
- New Mexico Supreme Court Announces Article II, Section 10 Exclusionary Rule Governs Admissibility of Evidence Seized Outside State by Non-New Mexico Officers, Aug. 1, 2026
- Surveillance for Sale: The Data Broker Loophole and the Fourth Amendment After Chatrie, July 1, 2026
- Retroactive Guideline Amendments: The Narrow Path to a Federal Sentence Reduction, July 1, 2026
- SCOTUS Announces Accessing Google Location History Data Constitutes a Fourth Amendment Search, Holding That Neither Brief Duration Nor Third-Party Storage Negates Reasonable Expectation of Privacy in Cellphone Location Information, July 1, 2026
- Your DNA Was at the Scene, But You Weren’t: How Touch DNA Is Convicting the Innocent, June 1, 2026
- U.S. Sentencing Commission: 2026 Amendments to the Federal Sentencing Guidelines, June 1, 2026
More from these topics:
- Federal Habeas Quick Reference Guide for State Prisoners, Sept. 1, 2026. Retroactivity, Habeas Corpus, AEDPA, Actual Innocence/Claim of Innocence, Cause and Prejudice.
- Sixth Circuit Holds Kentucky Deficient-Counsel Belated-Appeal Procedure Tolls Federal Habeas One-Year Limitations Period, Sept. 1, 2026. Limitations, Habeas Corpus, AEDPA, Failure to Preserve Challenge, Tolling of Statutes of Limitations and Laches.
- Formally Available, Rarely Granted: A State Prisoner’s Guide to Federal Habeas Relief, Sept. 1, 2026. Administrative Exhaustion, Habeas Corpus, Bureau of Prisons Orders, Administrative Law/Remedies, Evidence - Integrity/Reliability of, Tolling of Statutes of Limitations and Laches, Federal Rules of Evidence, Statute of Limitations.
- Eleventh Circuit Holds § 2255 Motion Not “Second or Successive” After Intervening Amended Judgment Corrected Unlawful Sentences, Even as to Claims Concerning an Undisturbed Count, Aug. 1, 2026. Habeas Corpus, AEDPA, Effect of Vacatur.
- Eighth Circuit Dismisses Federal Prisoner’s Challenge to BOP Denying His Request for Expedited Transfer to Prerelease Custody, June 1, 2026. Release and Reentry, Habeas Corpus, First Step Act, Community Confinement/Home Detention, Credits.
- Sixth Circuit Announces State-Law Exceptions to Appeal Deadlines Preserve “Pending” Status Under AEDPA, Holding Belated-Appeal Procedures Toll Federal Habeas Limitations Period, April 1, 2026. Limitations, Habeas Corpus, AEDPA, Appealable Issues/Orders, Failure to Address/Advise Defendant.
- SCOTUS Sides with Federal Prisoner in Habeas Review Case, March 1, 2026. Habeas Corpus, AEDPA, Mandatory Minimum Sentence, Statutory Construction/Interpretation, Predicate Acts/Offenses.
- SCOTUS Announces Federal Prisoners May Seek Certiorari Review of Authorization Denials Under § 2255(h) and Are Not Subject to § 2244(b)(1)’s Bar on Previously Presented Claims, Feb. 1, 2026. Habeas Corpus, AEDPA, Appealable Issues/Orders, Statutory Construction/Interpretation, Authority and Jurisdiction.
- California Court of Appeal: Trial Courts Have Inherent Authority to Correct Unauthorized Sentences at Any Time Without Habeas Petition, Jan. 1, 2026. Habeas Corpus, Possession or Use of Firearms, Sentences - Authorized, Sentences - Corrections or Modifications of, Effect of Vacatur.
- First Circuit Announces Modification of Juvenile’s Life-Without-Parole Sentence to Parole-Eligible Life Term Constitutes “New Judgment” Under AEDPA, Exempting Second-in-Time Habeas Petition From Gatekeeping Requirements, Jan. 1, 2026. Parole, Habeas Corpus, Life without Parole (LWOP), AEDPA, Juvenile Offenses/Offenders.




