Amicus Brief of Legal Ethics Professors in Glossip v. State of Oklahoma

Supreme Court of the United States, Case 22-7466

Fordham Law Legal Studies Research Paper No. 4472578

30 Pages Posted: 8 Jun 2023

See all articles by Bruce A. Green

Bruce A. Green

Fordham University School of Law

Date Written: June 7, 2023

Abstract

This amicus brief on behalf of six legal ethics professors supports the certiorari petition of a death-row defendant, Petitioner Richard Glossip, whose case raises a vital question regarding a prosecutor’s constitutional obligation to correct the false testimony of a key witness for the State. The brief asserts that the Oklahoma court’s decision, holding that due process was not offended by the prosecution’s failure to correct its key witness’s false testimony on direct examination, creates uncertainty about the extent of prosecutors’ constitutional and ethical responsibility in such circumstances. If left uncorrected, the state court’s decision will not only erode prosecutorial obligations, but also exacerbate confusion percolating in the lower courts about the scope of this Court’s holding in Napue v. Illinois, 360 U.S. 264 (1959), that the Constitution requires prosecutors to rectify their witnesses’ false testimony.

Suggested Citation

Green, Bruce A., Amicus Brief of Legal Ethics Professors in Glossip v. State of Oklahoma (June 7, 2023). Supreme Court of the United States, Case 22-7466, Fordham Law Legal Studies Research Paper No. 4472578, Available at SSRN: https://ssrn.com/abstract=4472578

Bruce A. Green (Contact Author)

Fordham University School of Law ( email )

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