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Criminal Procedure Keyed to Ohlin
Giglio v. United States
Citation:
405 U.S. 150 (1972)Facts
The controversy at issue centers around the testimony of Robert Taliento, petitioner’s alleged co-conspirator in the offense and the only witness linking petitioner with the crime. The Government’s evidence at trial showed that in June 1966 officials at the Manufacturers Hanover Trust Co. discovered that Taliento, as teller at the bank, had several cashed forged money orders. Upon questioning by FBI agents, he confessed supplying petitioner with one of the bank’s customer signature cards used by Giglio to forge $2,300 in money orders. Taliento related this story to the grand jury and petitioner was indicted; thereafter, he was named as a co-conspirator with petitioner but was not indicted. At trial, however, the Government stated that Taliento received no promises that he would not be indicted despite an affidavit filed by the Government that confirms petitioner’s claim that a promise was made to Taliento by one assistant, DiPaola, that if he testified before the jury he would not be prosecuted. Petitioner moved for new trial based on newly discovered evidence.
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