Does a prosecutor violate a defendant's due process rights when they knowingly present false evidence?

MultiRegion, United States of America

The following excerpt is from U.S. v. Murillo, 985 F.2d 576 (9th Cir. 1993):

A prosecutor violates a defendant's due process rights when the prosecutor knowingly presents false testimony. See, e.g., United States v. Sherlock, 962 F.2d 1349, 1364 (9th Cir.) ("Reversal will be required when the prosecution knowingly presents false testimony."), cert. denied, 113 S.Ct. 419 (1992); United States v. Polizzi, 801 F.2d 1543, 1549 (9th Cir.1986) ("A conviction obtained by the knowing use of perjured testimony must be set aside if there is any reasonable likelihood that the false testimony could have affected the outcome of the trial."); United States v. Endicott, 869 F.2d 452, 455 (9th Cir.1989) (knowing "presentation of false evidence is incompatible with rudimentary demands of justice").

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