In what circumstances have eyewitnesses been found not guilty of murder by reason of false testimony?

California, United States of America


The following excerpt is from Mendez v. Superior Court, 104 Cal.Rptr.2d 839, 87 Cal.App.4th 791 (Cal. App. 2001):

In People v. Mooney (1918) 178 Cal. 525, 174 P. 325, the defendant was convicted of murder based on the testimony of eyewitnesses. His motion for a new trial was denied and the judgment was affirmed on appeal. Later, he filed a petition for a writ of coram nobis in which he presented new evidence (previously unknown to him or his lawyers) to show the eyewitness's testimony was false. If true, the new testimony would have impeached the witness's credibility. The petition was denied. The truth or falsity of the

[87 Cal.App.4th 797]

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