Titus Lee Brown, Jr. v. Robert Borg

FLETCHER, Circuit Judge:

Titus Lee Brown was convicted of first-degree murder in a trial in which the prosecutor knowingly introduced false evidence and then relied on that evidence in pressing for conviction in her final argument to the jury. (The false evidence suggested that the decedent had been murdered during the course of a robbery, when in fact the items allegedly stolen had been returned to the decedent’s family by hospital staff who presumably found them on the decedent’s body.) Upon learning of the prosecutor’s misconduct, the trial judge declined to order a new trial, but reduced…