Smith v. Cain

Amicus curiae brief of the National Association of Criminal Defense Lawyers.

Brief filed: 08/19/2011


Smith v. Cain

United States Supreme Court; Case No. 10-8145


The Louisiana Supreme Court erred in failing to grant post-conviction relief where the prosecution suppressed a clutch of exculpatory and impeachment evidence and the confession of another suspect where the petitioner’s conviction hung on a single eyewitness and there was no physical evidence linking him to the crime. The cumulative effect of the Brady/Napue/Giglio violations sufficiently undermine confidence in the jury’s verdict as to warrant a new trial.

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Daryl Joseffer and Adam Conrad, King & Spalding LLP, Washington, D.C.