Giglio v. United States

In Giglio v. United States (1972) 405 U.S. 150, FBI agents obtained a statement from petitioner's alleged coconspirator in which he confessed to a scheme he had with petitioner to forge money orders and process them. A prosecutor promised petitioner's coconspirator that he would not be prosecuted if he testified before the grand jury and at trial. That prosecutor presented the case to the grand jury but a different prosecutor took over the case for trial. At trial, defense counsel sought to impeach the coconspirator's testimony by asking him about possible agreements or arrangements for prosecutorial leniency. The coconspirator denied any such arrangements or deals, and the prosecutor, apparently unaware of the other prosecutor's arrangement with the coconspirator, stated in summation that the coconspirator received no promises for his testimony. The United States Supreme Court found reversible error under Brady, Napue v. Illinois (1959) 360 U.S. 264, and the due process clause, and held the promise of the first prosecutor had to be attributed to the government. (Giglio, supra, 405 U.S. 150 at pp. 151-155.)