Los Angeles Criminal Law Blog

New Trial Ordered for Criminal Defendant after Government Witness Found Lying

Posted on: July 26, 2008 at 7:40 p.m.

Sometimes Los Angeles criminal prosecutors use government witnesses without sufficiently checking into their background. Los Angeles criminal defense attorneys use discovery requests, both formal and informal, along with the work of tenacious investigators, to obtain as much information as possible about a government witness prior to cross-examination.

In a recent appeal, a criminal defendant earned the right to a new trial, after successfully proffering evidence that the star prosecution witness had presented the trial court with a forged military document and repeatedly lied under oath about being a combat veteran. A divided panel held that Ninth Circuit Judge Richard C. Tallman, sitting by designation for the Idaho District Court, abused his discretion in denying David Roland Hinkson

Tagged as: police misconduct

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