Legal Opinion
United States v. Frank Wade Holladay
Court of Appeals for the Fifth Circuit
Decided January 30, 1978No. 77-5189PublishedCited by 44 opinions
1Per curiam
A prosecution witness who had testified differently in the past was introduced by the prosecution. It was not improper for the prosecution to offer this testimony. Presentation of a witness who recants or contradicts his prior testimony is not to be confused with eliciting perjury. It was for the jury to decide whether or not to credit the witness. There is no evidence that the prosecution knew or believed the trial testimony to be untrue; hence, the conviction was not obtained by the presentation of testimony known to be false. Cf. Napue v. Illinois, 1959, 360 U.S. 264, 79 S.Ct. 1173, 3…
2Cases cited9 opinions
- Napue v. IllinoisSupreme Court of the United States · 1959
- United States v. Carmine TramuntiCourt of Appeals for the Second Circuit · 1975
- United States v. Louis B. Pacheco and John N. Fountain, Jr.Court of Appeals for the Fifth Circuit · 1974
- United States v. Frank RaganoCourt of Appeals for the Fifth Circuit · 1975
- Louis A. Sabatino, as Ancillary Administrator of the Estate of Jose Juan D'agostino, Deceased v. Curtiss National Bank of Miami SpringsCourt of Appeals for the Fifth Circuit · 1969
4 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Petzoldt v. CommissionerUnited States Tax Court · 1989
- United States v. James Harrison HathawayCourt of Appeals for the Sixth Circuit · 1986
- United States v. Alexander Bortnovsky, A/K/A "Sasha," and Leonid BrazCourt of Appeals for the Second Circuit · 1989
- Santiago Tapia v. Robert TansyCourt of Appeals for the Tenth Circuit · 1991
- Zenith Radio Corp. v. Matsushita Electric Industrial Co.District Court, E.D. Pennsylvania · 1980
39 more not listed; retrieve them via the Exa API.