DueProcess Immigration JusticiabilityDoctri
Are the defendants' constitutional rights under the sixth and fifth amendments violated when the government fails to fully disclose plea agreement terms and allows witnesses to falsely deny assurances?
QUESTIONS PRESENTED I. Are the Defendants’ Constitutional Rights Under the Sixth and Fifth Amendments to Confront the Witnesses Against Them and to Due Process, Respectively, Violated When the Government Failed to Fully and Fairly Disclose the Terms of Testifying Co-Defendants' Plea Agreements, and Allowed the Witnesses to Falsely Deny the Assurances Given to Them at Trial? Il. When Facts of the Government's Failure to Disclose Favorable Terms of its Plea Agreements With Testifying Co-Defendants and These Co-Defendants' Testimony are Discovered to be Materially False After Trial, are the Defendants Entitled to a New Trial Under This Court's Precedents Set Forth in Napue v. Illinois, 360 U.S. 264, 79 S.Ct. 1173, 3 L.Ed.2d 1217 (1959); Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963); and Giglio v. United States, 405 U.S. 150, 92 S.Ct. 763, 31 L.Ed.2d 104 (1972)? Il. If the Answers to the Above Questions are in the Affirmative, are Courts of Appeals committing reversible error in Affirming the District Courts! Judgments Which Denied Motions for a New Trial in Such Cases? i