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2023 U. Chi. L. Rev. Online 1 (2023)

handle is hein.journals/uchidial91 and id is 1 raw text is: 12/21/23 U. Chi. L. Rev. Online *1 CONSIDERING NAPUE AND THE DEFENSE'S ROLE IN CORRECTING FALSE TESTIMONY AT TRIAL Crystal Kwabea Adu-Poku* Introduction Henry Napue was onvicted of murder and sentenced to 199 years imprisonment. His conviction was heavily influenced by the testimony of his former accomplice-and the prosecution's key witness-George Hamer. Napue filed a post-conviction petition after learning that, in a corarn nobis proceeding, the prosecutor promised to recommend a reduction in Hamer's sentence if Hamer testified against Napue. Napue alleged that Hamer, with the prosecutor's knowledge, falsely testified that he had been promised no consideration for his testimony during the original trial. The Illinois Supreme Court, however, denied Napue relief. But the Supreme Court of the United States reversed. To protect the due process rights of defendants who are convicted because of material incriminating false testimony, the Supreme Court, in \a ue ?_Illinois (1959) and its progeny, established a prosecutorial obligation. Prosecutors are now required to disclose any false testimony offered by their principal or material witnesses during trial. However, the Court has yet to define the scope of defense counsel's role in cases where defense counsel knows the prosecution's witness gave false testimony at trial. More specifically, it remains an open question whether the defense's conduct in such circumstances-or lack thereof-precludes the defendant from alleging Napue violations in post-conviction proceedings. This Essay argues that _ormez u. Commisie o! Co n (Conn. 2020) provides an appropriate, holistic framework for determining when defense counsel should be precluded from raising Napue arguments in post-conviction proceedings. In Part I, this Essay begins by tracing the evolution of the prosecutorial obligation since Napue. Part II describes the current * Crystal Kwabea Adu-Poku earned a JD/MBA at the University of Chicago, Class of 2023. She thanks Professor Judith Miller, Abigail Barney, Annie Kors, Matthew Makowski, and the University of Chicago Law Review Online team. The views and opinions expressed in this Essay are solely those of the author. They do not purport to reflect the views or opinions of any entities or individuals she is associated with or represents.

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