In Re David Keith Rogers on Habeas Corpus.

Summary

The court granted habeas relief from the death sentence because material false evidence was presented during the penalty phase. It independently accepted the referee's credibility findings that Tambri Butler falsely identified petitioner as her assailant and falsely testified about circumstances bearing on that identification and her credibility. The court concluded that Butler's testimony could reasonably have affected the jury's penalty decision, undermining confidence in the death verdict; the remaining claims were reserved for a later order.