What is the test for determining if the prosecution knew or should have known that the testimony was actually false?
MultiRegion, United States of America
The following excerpt is from Whitaker v. Swarthout, No. 2:14-cv-0947 MCE KJN P (E.D. Cal. 2015):
actually false, (2) the prosecution knew or should have known that the testimony was actually false, and (3) the false testimony was material. See United States v. Zuno-Arce, 339 F.3d 886, 889 (9th Cir. 2003).
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