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DEMARCO V. UNITED STATES, 415 U. S. 449 (1974)

U.S. Supreme Court

DeMarco v. United States, 415 U.S. 449 (1974)

DeMarco v. United States

No. 73-5684

Decided March 18, 1974

415 U.S. 449


A Government witness, who had been indicted with petitioner, testified at petitioner's trial that no promises had been made to the witness regarding disposition of his case. Petitioner, for the first time on appeal of his conviction, contended that the witness' testimony was false on the basis of the prosecutor's statements at the subsequent sentencing hearing of the witness, who had pleaded guilty to a lesser charge in a superseding indictment. The Court of Appeals, after examining the transcript of the sentencing hearing, concluded that no leniency promise had been made prior to the witness' testimony at petitioner's trial.

Held: Had there been a promise to the witness before he testified, a reversal of petitioner's conviction would be required, Giglio v. United States, 405 U. S. 150, and Napue v. Illinois, 360 U. S. 264, and the factual issue of whether the plea bargain that obviously was made with the witness preceded or followed petitioner's trial should have been resolved by the District Court after an evidentiary hearing.

Certiorari granted; vacated and remanded.

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