What is the test for setting aside a conviction for perverting the course of justice?
MultiRegion, United States of America
The following excerpt is from Jones v. Garcia, 81 F.3d 168 (9th Cir. 1996):
"If a prosecutor knowingly uses perjured testimony or knowingly fails to disclose that testimony is false, the conviction must be set aside if there is any reasonable likelihood that the false testimony could have affected the jury verdict." Bonin v. Calderon, 59 F.3d 815, 844 (9th Cir.1995) (emphasis added), cert. denied, 116 S.Ct. 718 (1996).
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