Errico v. State

We reverse the trial court’s order denying appellant’s motion for post conviction relief to the degree appellant states a claim under Giglio v. United States, 405 U.S. 150, 92 S.Ct. 763, 31 L.Ed.2d 104 (1972), and remand for an evidentiary hearing on that issue. Appellant filed affidavits supporting the contention that at his 1985 trial, State eyewitness Patrick Menil-lo gave false testimony, that he has since recanted, and that the prosecutor knew he was presenting false testimony at the time of the trial. “To establish a Giglio violation, [appellant] must show: (1) that the testimony was…