Marion Wilson, Jr. v. Benjamin Ford, Warden
DueProcess Punishment HabeasCorpus CriminalProcedure
Are due process and the Eighth Amendment violated when a prosecutor knowingly argues falsehoods about the defendant's culpable acts in order to incite the jury to impose the death penalty?
QUESTION PRESENTED FOR REVIEW THIS IS A CAPITAL CASE 1) Are due process and the Eighth Amendment violated when a prosecutor knowingly argues falsehoods about the defendant’s culpable acts in order to incite the jury to impose the death penalty? 2) Can the State of Georgia be permitted to execute a defendant where it lacked probative evidence that he killed, intended to kill, or engaged in conduct leading up to the murder that reflected reckless indifference, and where evidence obtained post-conviction demonstrates that the prosecutor engaged in misconduct in order to secure the death penalty? i