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89. Can the state appellate court overturn the conviction based on the prosecution's failure to disclose the witness's prior perjury conviction?
The trial court rejected the defense argument and upheld the conviction because state discovery rules did not require the disclosure. The defendant then filed an appeal, arguing that the prosecution's failure to disclose this prior perjury conviction had violated his federal constitutional rights.
A defendant was convicted of burglary following a jury trial in state court. After trial, defense counsel learned that the prosecution had failed to disclose that the key witness against the defendant had previously been convicted of perjury in another case. The defense filed a motion for a new trial.
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A is incorrect. Although discovery is generally governed by state rules, the due process clause contains some core rights, such as the right to disclosure of critical exculpatory evidence, which are mandatory in both state and federal court.
B is incorrect. The scope of due process is not limited to proof of actual innocence. The government must disclose any evidence favorable to the defendant that could affect the outcome of the case.
D is incorrect. The due process clause requires disclosure of any evidence significant enough to affect the outcome of a trial. If the appellate court concludes that the outcome would not have been affected by disclosure of the witness's prior conviction, then there is no basis for reversal.