Episode description

In this case, the court considered this issue: May Oklahoma carry out the execution of Richard Glossip in light of the prosecutorial misconduct and other errors that affected his conviction and sentencing?

The case was decided on February 25, 2025.

The Supreme Court held that the prosecution’s failure to correct false testimony violated the Due Process Clause under Napue v Illinois. A conviction that relies on false evidence, knowingly allowed by the prosecution, requires reversal if there is a reasonable likelihood the falsehood affected the jury’s judgment. Justice Sonia Sotomayor authored the 6-2 majority opinion of the Court.

The prosecution allowed its key witness, Justin Sneed, to provide false testimony about his mental health and medical treatment. The new evidence showed that Sneed was diagnosed with bipolar disorder and prescribed lithium, facts that were withheld from the defense. At trial, Sneed falsely claimed he was never treated by a psychiatrist and received lithium mistakenly. This falsehood was material because Sneed’s testimony was the only direct evidence implicating Glossip, and impeachment of his credibility could have influenced the jury’s decision. The prosecution had prior knowledge of Sneed’s mental health treatment and still failed to correct the misstatement when it was made to the jury.

Correcting this false testimony would likely have changed the jury’s assessment of Sneed’s reliability. Additionally, the prosecution’s violations extended beyond Napue: it suppressed exculpatory evidence, interfered with witness testimony, and allowed destruction of key physical evidence. Given these cumulative errors and their impact on the fairness of the trial, Glossip is entitled to a new trial. The Oklahoma Court of Criminal Appeals’ rejection of the attorney general’s confession of error was based on a misapplication of federal law.

Justice Neil Gorsuch did not participate in the consideration or decision of the case.

The opinion is presented here in its entirety, but with citations omitted. If you appreciate this episode, please subscribe. Thank you.