In what circumstances will the materiality standard be changed in a case where a principal prosecution witness perjured himself?
MultiRegion, United States of America
The following excerpt is from Morgan v. Salamack, 735 F.2d 354 (2nd Cir. 1984):
In United States v. Stofsky, 527 F.2d 237, 243 (2d Cir.1975), cert. denied, 429 U.S. 819, 97 S.Ct. 65, 50 L.Ed.2d 80 (1976), appellant sought the application of a more favorable materiality standard in a case in which a principal prosecution witness had perjured himself, notwithstanding that "all parties agree that the government had no actual knowledge of the falsity of [the witness'-
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