Petitioner’s case asks a basic but fundamental question: Will our criminal justice system permit convictions obtained through the knowing use of false testimony, simply because the prosecutor has not also suppressed evidence indicating the testimony was false? The Eleventh Circuit answered this question in the affirmative, but for decades this Court has known a very different justice system, one in which the knowing, uncorrected use of false testimony by the prosecutor could never be countenanced. And for good reason. As this Court has long recognized, the knowing use of false testimony is “as inconsistent with the rudimentary demands of justice as is the obtaining of a like result by intimidation.” Mooney v. Holohan, 294 U.S. 103, 112 (1935).
Moore, Janet, "Brief of the National Association for Public Defense as Amici Curiae Supporting Petitioner, Stein v. United States of America (U.S. September 15, 2017) (No. 17-250)." (2017). Faculty Articles and Other Publications. 354.