Glossip v. Oklahoma

Brief of the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Petitioner

Glossip v. Oklahoma

Documents

Prior Decision

Decision below 529 P.3d 218 (Okla. Crim. App. Apr. 20, 2023)

The Oklahoma Court of Criminal Appeals’ (OCCA) decision to not sustain a confession of error by the State Attorney General in a capital punishment case after the State found that the conviction rested on prosecutorial misconduct represents a significant departure from the OCCA’s century-long practice of crediting the State’s confessions of error and reversing/remanding the lower court decision. Furthermore, the OCCA’s decision ignored prior precedents involving wrongfully withheld impeachment evidence of an inculpatory witness’s mental-health issues, relied on speculation to misconstrue the record, and failed to appreciate the materiality of the multiple Brady violations. The Supreme Court must reverse this decision and order a new trial.

Author(s)

Stacey K. Grigsby, Sameer Aggarwal, Hassan Ahmad, and Bradford McGann, Covington and Burling LLP, Washington, DC; Barbara E. Bergman, NACDL, Tucson, AZ.

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