Gomez v. Commissioner of Correction

Summary

The court held that a prosecutor violates federal due process by knowingly allowing material false testimony about cooperation benefits to remain before the jury, even when defense counsel has actual or constructive notice of the falsity. Whether disclosure to defense counsel satisfies the prosecutor's corrective duty is case specific, and the circumstances here—including the prosecutor's solicitation and use of the false testimony, the witnesses' importance, and the failure to reveal the truth to the jury—required habeas relief and a new trial.