Glossip v. Oklahoma

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

Brief filed: 04/30/2024

Documents

Glossip v. Oklahoma

United States Supreme Court; Case No. 22-7466

Prior Decision

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

Argument(s)

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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