Last modified on May 1, 2008, at 04:45

Giglio v. United States

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Giglio v. United States, 405 U.S. 150, 153-54 (1972), is the leading United States Supreme Court precedent for a criminal defendant to obtain a new trial when the prosecution used misled the jury to convict him:

"deliberate deception of a court and jurors by the presentation of known false evidence is incompatible with 'rudimentary demands of justice'"
"whether the nondisclosure was a result of negligence or design, it is the responsibility of the prosecutor"

Id. at 153-54 (quoting Mooney v. Holohan, 294 U.S. 103, 112 (1935)).