Shih Wei Su v. Gary H. Filion, Superintendent, Coxsackie Correctional Facility

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• analyzing Napue claim for whether there was any reasonable likelihood that the false testimony could have affected the judgment of the jury
• viewing false testimony as material where lying witness was “prosecution’s chief witness” and the “conviction depended significantly on [lying witness’s] testimony”
• “The prosecutor is an officer of the court whose duty is to present a forceful and truthful case to the jury . . . .”
• “The prosecutor is an officer of the court whose duty is to present a forceful and truthful case to the jury-”
• sufficient prejudice found where witness lied about not having been promised anything in exchange for testimony, lie went uncorrected, and prosecutor bolstered witness' credibility in summation, despite different prosecutor having made deal with witness
• when prosecutor elicits testimony he knows or should know to be false, or allows such testimony to go uncorrected, conviction must be set aside unless there is “‘no reasonable likelihood that the false testimony could have affected the judgment of the jury’”

Source: CourtListener parenthetical corpus (CC0).