"[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
FISHER, Circuit Judge,
dissenting from denial of rehearing en bane, joined by KOZINSKI, Chief Judge, PREGERSON, GRABER and BERZON, Circuit Judges:
I generally agree with Judge Fletcher that we should have taken this ease en banc to require the factual inquiry the previous en banc court expected to occur.