Supeme Court Won't Decide Prosecutorial Misconduct Immunity Case
Terry Harrington and Curtis W. McGhee Jr. were wrongfully convicted of murder in Iowa and served 25 years. The Iowa Supreme Court vacated their convictions, saying the prosecutors failed to disclose exculpatory evidence of an alternative suspect.
The men then sued in federal court, also alleging the prosecutors had procured false testimony against them. They won on that claim, and the 8th Circuit Court of Appeals affirmed, holding a prosecutor’s procurement of false testimony “violates a [criminal defendant’s] substantive due process rights.” The Supreme Court agreed to decide the case and heard oral arguments. The case was Pottawattamie County v. McGhee, 08-1065.
Now, a settlement has been reached. Harrington and McGhee will get $12 million, and the Supreme Court has dismissed the case, meaning no ruling will be forthcoming on whether prosecutors can claim personal immunity for such misdeeds. [More...]
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