Can a prosecutor knowingly present false evidence in a criminal case?

California, United States of America


The following excerpt is from People v. Esquivias, B268972 (Cal. App. 2017):

A prosecutor's knowing presentation of false evidence, or his or her knowing failure to correct the presentation of such evidence by others, violates due process. (Napue v. Illinois (1959) 360 U.S. 264, 269; People v. Marshall (1996) 13 Cal.4th 799, 829-830.) Salinas argues that the prosecutor knowingly allowed the expert to testify falsely to the existence of a field identification card naming her. However, the expert testified that he was uncertain whether he ever saw that card; his testimony was not false.

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3. "Other acts" evidence

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