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Criminal Law

University of Georgia School of Law

1969

Suppressed evidence

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False Or Suppressed Evidence: Why A Need For The Prosecutorial Tie, Ronald L. Carlson Dec 1969

False Or Suppressed Evidence: Why A Need For The Prosecutorial Tie, Ronald L. Carlson

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Many United States Supreme Court decisions have overturned criminal convictions for the reason that the government employed false evidence to obtain the conviction or failed to disclose relevant evidence important to the defense. In reversing federal or state judgments, the Court often has located direct proof of wrongdoing by the prosecutor. The notorious "bloody shorts" case is an example in point.' There, the state introduced as evidence a pair of men's "blood-stained" undershorts to achieve conviction of the accused. When the blood turned out to be red paint, the Supreme Court granted habeas corpus relief to the defendant because "[it …