In Occhicone v. Crosby, No. 05-12502 (July 14, 2006), the Court affirmed the denial of habeas relief to a Florida inmate sentenced to death for a 1986 murder.
Pointing out that a state informant falsely testified at trial that he did not have a deal with the prosecution with respect to receiving a lesser sentence for a grand theft charge, Occhicone claimed that the Florida courts applied the wrong standard when they rejected this claim. The Florida courts applied the Brady standard, which requires the defendant to prove a reasonable probability that the result would have been different had the evidence been disclosed. However, Giglio applied to the prosecution’s failure to correct perjured testimony, and it provides for reversal when there is a reasonable likelihood that the exculpatory evidence affected the judgment of the jury.
The Court noted that the standard of review did not matter in this case, because even under a defense-favorable standard, no habeas relief should issue. First, the jury was aware that the witness received a sentence of probation only on the recent charge, and had been told about the witness getting a reduced sentence in another criminal case. Further, the other evidence against Occhicone greatly reduced the significance of the untruthful testimony.
