"[I]f state actors planted this evidence, its presentation at trial violated Cooper's due process rights under Mooney and Napue”
How later courts described this case
- "[I]f state actors planted this evidence, its presentation at trial violated Cooper's due process rights under Mooney and Napue”
Written by the judges who cited it.
The opinion
ORDER
The panel has voted to deny the Petition for Rehearing and Petition for Rehearing En Banc.
The full court was advised of the petition for rehearing en banc. A judge requested a vote on whether to hear the matter en banc. The matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc consideration. Fed. RApp. P. 35.
The petition for rehearing and the petition for rehearing en banc are DENIED.