Smith v. Sec'y, Dept. of Corr., No. 07-14173

In a capital habeas matter, the denial of Petitioner's petition is affirmed in part, where there was no possibility of prejudice due to the prosecutor's alleged misconduct in a prior trial because a new trial was conducted; but reversed in part, where the prosecution did not disclose in the later trial that a witness told the prosecutor that in exchange for testifying again, he wanted help with charges he faced.

Read Smith v. Sec'y, Dept. of Corr., No. 07-14173

Appellate Information

Filed June 30, 2009

Judges

Opinion by Judge Carnes