Legal Question in Criminal Law in Kentucky
Testimony under a false name
A witness testified under a false name to prevent discovery of her criminal record. The prosecution never ran a check to verify her identity, and objected to questions about her record (sustained). Any remedies?
1 Answer from Attorneys
Re: Testimony under a false name
The perjured testimony provides grounds to attack
the conviction under Rcr 11.42, which is a mechanism
in Kentucky state court for a collateral attack on
the conviction.
The prosecution has a duty, under Brady v. Maryland,
to provide exculpatory information to the defense.
Whether Brady applies here depends on whether the
prosecution had some reason to suspect the witness
and therefore had a duty to investigate OR whether
the defense specifically requested such information
and it was not provided.
Depending on when the conviction occurred, you might
also be able to file a motion for a new trial,
based on newly discovered evidence (the perjury...).
E. Brian Davis
Law office of E. Brian Davis
2000 Citizens Plaza,500 West Jefferson Street
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