Third Circuit Holds Habeas Petitioner’s Claim Based on Prosecutor Knowingly Using Perjured Testimony Not Subject to Brecht “Actual Prejudice” Standard
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 have to ...
