Jacqueline Lowery v. Harold J. Cardwell, Superintendent, Arizona State Prison

MERRILL, Circuit Judge:

This habeas corpus appeal is before us for the second time. The problem it presents is that of accommodating a criminal defendant’s rights to fair trial and due process with the ethical duty of defense counsel to refrain from lending support to what he believes to be false testimony.

Appellant was charged by the State of Arizona with first degree murder. She pleaded not guilty and trial was had to the court without a jury. Testimony established that the victim’s body had been found seated in his car, parked in front of a cafe. He had been shot twice at close range. The…