|
|
Demarco v. United States, 415 U.S. 449 (1974)
Contents:
Show Summary
Hide Summary
General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Demarco v. United States, 415 U.S. 449 (1974)
DeMarco v. United States No. 73-5684 Decided March 18, 1974 415 U.S. 449
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE SEVENTH CIRCUIT
Syllabus
A Government witness, who had been indicted with petitioner, testified at petitioner’s trial that no promises had been made to the witness regarding disposition of his case. Petitioner, for the first time on appeal of his conviction, contended that the witness’ testimony was false on the basis of the prosecutor’s statements at the subsequent sentencing hearing of the witness, who had pleaded guilty to a lesser charge in a superseding indictment. The Court of Appeals, after examining the transcript of the sentencing hearing, concluded that no leniency promise had been made prior to the witness’ testimony at petitioner’s trial.
Held: Had there been a promise to the witness before he testified, a reversal of petitioner’s conviction would be required, Giglio v. United States, 405 U.S. 150, and Napue v. Illinois, 360 U.S. 264, and the factual issue of whether the plea bargain that obviously was made with the witness preceded or followed petitioner’s trial should have been resolved by the District Court after an evidentiary hearing.
Certiorari granted; vacated and remanded.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Demarco v. United States, 415 U.S. 449 (1974) in 415 U.S. 449 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=1LJ3H7IW8H344T9.
MLA: U.S. Supreme Court. "Syllabus." Demarco v. United States, 415 U.S. 449 (1974), in 415 U.S. 449, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=1LJ3H7IW8H344T9.
Harvard: U.S. Supreme Court, 'Syllabus' in Demarco v. United States, 415 U.S. 449 (1974). cited in 1974, 415 U.S. 449. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=1LJ3H7IW8H344T9.
|