napue
illinois
argued
april
decided
june
petitioner
trial
state
convicted
murder
principal
state
witness
accomplice
serving
sentence
murder
testified
response
question
assistant
state
attorney
received
promise
consideration
return
testimony
assistant
state
attorney
fact
promised
consideration
nothing
correct
witness
false
testimony
jury
apprised
however
public
defender
promised
witness
held
failure
prosecutor
correct
testimony
witness
knew
false
denied
petitioner
due
process
law
violation
fourteenth
amendment
pp
established
principle
state
may
knowingly
use
false
testimony
obtain
tainted
conviction
cease
apply
merely
false
testimony
goes
credibility
witness
pp
fact
jury
apprised
grounds
believing
witness
may
interest
testifying
petitioner
sufficient
turn
otherwise
tainted
trial
fair
one
pp
since
petitioner
claims
denial
rights
federal
constitution
bound
factual
conclusion
reached
illinois
reexamined
evidentiary
basis
conclusion
founded
pp
george
leighton
argued
cause
filed
brief
petitioner
william
wines
assistant
attorney
general
illinois
argued
cause
respondent
brief
latham
castle
attorney
general
illinois
raymond
sarnow
zola
graves
assistant
attorneys
general
chief
justice
warren
delivered
opinion
murder
trial
petitioner
principal
state
witness
serving
sentence
murder
testified
response
question
assistant
state
attorney
received
promise
consideration
return
testimony
assistant
state
attorney
fact
promised
consideration
nothing
correct
witness
false
testimony
jury
apprised
however
public
defender
promised
witness
question
presented
whether
facts
failure
prosecutor
correct
testimony
witness
knew
false
denied
petitioner
due
process
law
violation
fourteenth
amendment
constitution
record
contains
testimony
following
facts
found
murder
question
occurred
early
morning
august
chicago
illinois
cocktail
lounge
petitioner
henry
napue
witness
george
hamer
one
poe
one
townsend
entered
dimly
lighted
lounge
announced
intention
rob
present
policeman
present
lounge
drew
service
revolver
began
firing
four
men
melee
followed
townsend
killed
officer
fatally
wounded
witness
hamer
seriously
wounded
napue
poe
carried
hamer
car
fifth
man
one
webb
waiting
due
course
hamer
apprehended
tried
murder
policeman
convicted
plea
guilty
sentenced
years
subsequently
poe
apprehended
tried
convicted
sentenced
death
executed
hamer
used
witness
thereafter
petitioner
napue
apprehended
put
trial
hamer
principal
witness
state
hamer
testimony
extremely
important
passage
time
dim
light
cocktail
lounge
made
eyewitness
identification
difficult
uncertain
pertinent
witnesses
left
state
basis
evidence
presented
consisted
largely
hamer
testimony
jury
returned
guilty
verdict
petitioner
sentenced
years
finally
driver
car
webb
apprehended
hamer
also
testified
convicted
murder
sentenced
years
following
conviction
webb
lawyer
former
assistant
state
attorney
prosecuted
hamer
poe
napue
cases
filed
petition
nature
writ
error
coram
nobis
behalf
hamer
petition
alleged
prosecuting
attorney
promised
hamer
testify
napue
recommendation
reduction
hamer
sentence
made
possible
effectuated
attorney
prayed
effect
consummation
compact
entered
duly
authorized
representatives
state
illinois
george
hamer
coram
nobis
proceeding
came
attention
napue
thereafter
filed
petition
alleged
hamer
falsely
testified
promised
consideration
testimony
assistant
state
attorney
handling
case
known
false
hearing
ultimately
held
former
assistant
state
attorney
testified
promised
help
hamer
hamer
story
reluctant
participant
robbery
borne
merely
hamer
testify
petitioner
trial
testified
coram
nobis
petition
hamer
behalf
probably
used
language
used
zeal
something
hamer
felt
moral
obligation
lower
denied
petitioner
relief
basis
attorney
testimony
appeal
illinois
affirmed
different
grounds
two
dissents
found
contrary
trial
attorney
promised
hamer
consideration
testify
petitioner
trial
finding
state
contest
found
assistant
state
attorney
knew
hamer
lied
denying
promised
consideration
held
however
petitioner
entitled
relief
since
jury
already
apprised
someone
hamer
tentatively
identified
public
defender
going
aid
hamer
trying
get
something
granted
certiorari
consider
question
posed
first
paragraph
opinion
first
established
conviction
obtained
use
false
evidence
known
representatives
state
must
fall
fourteenth
amendment
mooney
holohan
pyle
kansas
curran
delaware
see
new
york
ex
rel
whitman
wilson
white
ragen
compare
jones
commonwealth
sawyer
petition
cf
mesarosh
result
obtains
state
although
soliciting
false
evidence
allows
go
uncorrected
appears
alcorta
texas
ex
rel
thompson
dye
ex
rel
almeida
baldi
ex
rel
montgomery
ragen
supp
see
generally
annotation
principle
state
may
knowingly
use
false
evidence
including
false
testimony
obtain
tainted
conviction
implicit
concept
ordered
liberty
cease
apply
merely
false
testimony
goes
credibility
witness
jury
estimate
truthfulness
reliability
given
witness
may
well
determinative
guilt
innocence
upon
subtle
factors
possible
interest
witness
testifying
falsely
defendant
life
liberty
may
depend
stated
new
york
appeals
case
similar
one
people
savvides
consequence
falsehood
bore
upon
witness
credibility
rather
directly
upon
defendant
guilt
lie
lie
matter
subject
way
relevant
case
district
attorney
responsibility
duty
correct
knows
false
elicit
truth
district
attorney
silence
result
guile
desire
prejudice
matters
little
impact
preventing
trial
real
sense
termed
fair
overlooked
hamer
clearly
testified
one
offered
help
except
unidentified
lawyer
public
defender
office
hamer
judge
prystalski
trial
judge
promised
reduction
sentence
sir
promised
recommend
reduction
sentence
anybody
answer
false
known
prosecutor
judge
criminal
promised
sic
reduce
sentence
sir
representative
parole
board
see
promised
reduction
sentence
sir
representative
governor
state
illinois
promised
reduction
sentence
sir
third
state
argues
free
reach
factual
conclusion
different
reached
illinois
bound
determination
false
testimony
reasonable
likelihood
affected
judgment
jury
state
relies
hysler
florida
case
held
state
standard
specificity
substantiality
making
allegations
federal
constitutional
deprivations
respected
made
independent
examination
allegations
determine
fact
met
florida
standard
duty
make
independent
examination
record
federal
constitutional
deprivations
alleged
clear
resting
solemn
responsibility
maintaining
constitution
inviolate
martin
hunter
lessee
wheat
cooper
aaron
principle
well
stated
niemotko
maryland
cases
claim
denial
rights
federal
constitution
bound
conclusions
lower
courts
reexamine
evidentiary
basis
conclusions
founded
reversed
footnotes
hamer
sentenced
petitioner
assistant
state
attorney
well
knowing
identification
poe
napue
webb
apprehended
unsatisfactory
character
kind
evidence
upon
jury
asked
inflict
proper
severe
penalty
unable
determine
advance
whether
poe
napue
webb
make
confessions
participation
crime
represented
hamer
willing
cooperate
law
enforcing
officials
upon
trial
sic
trials
poe
napue
webb
apprehended
recommendation
reduction
sentence
made
possible
effectuated
testifying
behalf
state
napue
hamer
expressed
petitioner
reluctance
cooperate
unless
given
definite
assurance
recommendation
reduction
sentence
made
petitioner
feeling
interests
justice
required
hamer
testimony
assured
hamer
every
possible
effort
made
conform
promise
previously
made
alleged
false
testimony
hamer
first
occurred
anybody
give
reward
promise
reward
testifying
ai
nobody
promised
anything
assistant
state
attorney
promised
recommend
reduction
sentence
anybody
following
hamer
testimony
subject
tell
one
napue
attorneys
testify
case
unless
got
consideration
yes
told
sentenced
one
hundred
years
hope
reduced
well
anybody
help
anything
certainly
expecting
came
today
one
told
anything
lawyer
lawyer
come
talked
ago
said
going
lawyer
know
public
defender
see
mean
public
defender
office
imagine
know
one
told
yes
told
trying
get
something
told
going
something
said
going
try
told
police
officers
testify
trial
napue
expected
consideration
asked
chance
getting
man
told
know
promise
anything
spoke
lawyer
today
said
try
get
time
cut
public
defender
even
know
name
see
payne
arkansas
leyra
denno
avery
georgia
feiner
new
york
note
dissenting
opinion
cassell
texas
haley
ohio
malinski
new
york
ashcraft
tennessee
ward
texas
smith
texas
south
carolina
bailey
see
also
roth
dissenting
opinion
stroble
california
sterling
constantin
southern
pacific
schuyler
creswill
grand
lodge
knights
pythias
justice
holmes
writing
recognized
principle
years
ago
davis
wechsler
constitution
laws
enforced
accept
final
decision
state
tribunal
facts
alleged
give
rise
right
bar
assertion
even
upon
local
grounds