Anonymous ID: 09d335 May 11, 2020, 12:21 p.m. No.9126455   🗄️.is 🔗kun

Know Your Law

 

U.S. Supreme Court

Giglio v. United States, 405 U.S. 150 (1972)

No. 70-29

Argued October 12, 1971

Decided February 24, 1972

405 U.S. 150

 

Syllabus

Petitioner filed a motion for a new trial on the basis of newly discovered evidence contending that the Government failed to disclose an alleged promise of leniency made to its key witness in return for his testimony. At a hearing on this motion, the Assistant United States Attorney who presented the case to the grand jury admitted that he promised the witness that he would not be prosecuted if he testified before the grand jury and at trial. The Assistant who tried the case was unaware of the promise.

 

Held: Neither the Assistant's lack of authority nor his failure to inform his superiors and associates is controlling, and the prosecution's duty to present all material evidence to the jury was not fulfilled, and constitutes a violation of due process, requiring a new trial. Pp. 405 U. S. 153-155.

 

"[Counsel.] Did anybody tell you at any time that, if you implicated somebody else in this case, that you yourself would not be prosecuted?"

"[Taliento.] Nobody told me I wouldn't be prosecuted."

"Q. They told you you might not be prosecuted?"

"A. I believe I still could be prosecuted."

"Q. Were you ever arrested in this case or charged with anything in connection with these money orders that you testified to?"

"A. Not at that particular time."

"Q. To this date, have you been charged with any crime?"

"A. Not that I know of, unless they are still going to prosecute."

 

In summation, the Government attorney stated, "[Taliento] received no promises that he would not be indicted."

 

https://supreme.justia.com/cases/federal/us/405/150/

Anonymous ID: 09d335 May 11, 2020, 12:24 p.m. No.9126493   🗄️.is 🔗kun

>>9126259

No. It isn't. You can only extract the metadata, not what was redacted (if the redaction was done properly in the first place, of course).

 

MOVING ON….