Skip to main content

U.S. Supreme Court Rules Prosecutors Violated Ethical Responsibilities in Richard Glossip’s Case, Orders a New Trial

In a 5 – 3 deci­sion issued in Glossip v. Oklahoma on February 25, 2025, the United States Supreme Court threw out Richard Glossip’s 2004 con­vic­tion for arrang­ing the mur­der of Barry Von Treese and ordered a new tri­al because pros­e­cu­tors allowed a key wit­ness to lie in court and with­held cru­cial infor­ma­tion about the same wit­ness. Justice Sonya Sotomayor, writ­ing for the major­i­ty, said that pros­e­cu­tors in Mr. Glossip’s case ​“vio­lat­ed [their] con­sti­tu­tion­al oblig­a­tion to cor­rect false tes­ti­mo­ny,” and thus, he ​“is enti­tled to a new tri­al.” Justice Sotomayor was joined by Chief Justice John Roberts and Justices Elena Kagan, Brett Kavanaugh, and Ketanji Brown Jackson. Justice Amy Coney Barrett con­curred in part with the major­i­ty, while Justice Gorsuch did not take part in the case’s consideration. 

The Court was asked to deter­mine whether the prosecution’s deci­sion to sup­press mate­r­i­al infor­ma­tion about their star wit­ness — Justin Sneed, who actu­al­ly com­mit­ted the mur­der — and per­mit him to false­ly tes­ti­fy in exchange for a plea deal that spared him from the death penal­ty vio­lat­ed due process. Oklahoma AG Gentner Drummond already answered this ques­tion in the affir­ma­tive, con­fess­ing con­sti­tu­tion­al error and sup­port­ing Mr. Glossip’s request for a new tri­al. Today the Supreme Court agreed. Justice Sotomayor wrote that ​“had the pros­e­cu­tion cor­rect­ed Sneed on the stand, his cred­i­bil­i­ty plain­ly would have suf­fered. The cor­rec­tion would have revealed to the jury not just that Sneed was untrust­wor­thy (as ami­cus points out, the jury already knew he lied to the police), but also that Sneed was will­ing to lie to them under oath.” She added that ​“such a rev­e­la­tion would be sig­nif­i­cant in any case, and was espe­cial­ly so here where Sneed was already ​‘nobody’s idea of a strong witness.’”

We are thank­ful that a clear major­i­ty of the Court sup­ports long-stand­ing prece­dent that pros­e­cu­tors can­not hide crit­i­cal evi­dence from defense lawyers and can­not stand by while their wit­ness­es know­ing­ly lie to the jury. Today was a vic­to­ry for jus­tice and fair­ness in our judi­cial sys­tem. Rich Glossip, who has main­tained his inno­cence for 27 years, will now be giv­en the chance to have the fair tri­al that he has always been denied.
— Don Knight, attor­ney for Richard Glossip.

Justice Amy Coney Barrett agreed in part with the majority’s find­ings of the Supreme Court’s juris­dic­tion but would not have ordered the Oklahoma Court of Criminal Appeals (OCCA) to set aside Mr. Glossip’s con­vic­tion for a new tri­al. Rather, Justice Barrett said that the Court ​“should have cor­rect­ed the OCCA’s mis­state­ment of fed­er­al law and vacat­ed the judg­ment,” allow­ing the OCCA to deter­mine whether or not an evi­den­tiary hear­ing is war­rant­ed. In a dis­sent authored by Justice Clarence Thomas, joined by Justice Samuel Alito and par­tial­ly by Justice Barrett, he wrote that the Court ​“has stretched the law at every turn to rule in [Glossip’s] favor” and that the ​“deci­sion dis­torts [the Court’s] juris­dic­tion, imag­ines a con­sti­tu­tion­al vio­la­tion where none occurred, and aban­dons basic prin­ci­ples gov­ern­ing the dis­po­si­tion of state-court appeals.”

In March 2023, AG Drummond and coun­sel for Mr. Glossip joint­ly request­ed a stay of his exe­cu­tion, with the AG formally admit­ting error in the case and ask­ing the court to vacate Mr. Glossip’s con­vic­tion because of ​“mate­r­i­al mis­state­ments” made by Mr. Sneed. After the OCCA denied these requests, Mr. Glossip’s attor­neys appealed to the U.S. Supreme Court, where AG Drummond (through for­mer Solicitor General Paul Clement) sup­port­ed the stay, argu­ing that pro­ceed­ing with an exe­cu­tion where the state admit­ted error would be ​“unthink­able.” Mr. Glossip’s attor­neys then filed a peti­tion cit­ing due process vio­la­tions under Brady v. Maryland and Napue v. Illinois, claim­ing pros­e­cu­tors know­ing­ly sup­pressed evi­dence about Mr. Sneed’s psy­chi­atric care and failed to cor­rect false tes­ti­mo­ny. The Supreme Court grant­ed Mr. Glossip a stay of exe­cu­tion on May 5, 2023.


An inde­pen­dent inves­ti­ga­tion car­ried out by the law firm Reed Smith pre­vi­ous­ly found that Mr. Sneed dis­cussed recant­i­ng his tes­ti­mo­ny over the course of a decade, both before and after Mr. Glossip’s 2004 con­vic­tion. A hand­writ­ten note from Mr. Sneed to his attor­neys, states, ​“Do I have the choice of recant­i­ng at any time dur­ing my life?” An addi­tion­al hand­writ­ten note indi­cates that Mr. Sneed believed his tes­ti­mo­ny to be ​“a mis­take.” These notes were nev­er giv­en to Mr. Glossip’s defense team. Reed Smith’s inves­ti­ga­tion also includ­ed doc­u­men­ta­tion of con­ver­sa­tions between Mr. Sneed and Reed Smith lawyers in which he agreed that he talked with his moth­er and daugh­ter about recant­i­ng his tes­ti­mo­ny, some­thing he previously denied.

Source: Death Penalty Information Center, Hayley Bedard, February 25, 2025




"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted."
— Oscar Wilde



Comments

Most viewed (Last 7 days)

Tennessee executes Harold Wayne Nichols

Thirty-seven years after confessing to a series of rapes and the murder of Karen Pulley, Nichols expressed remorse in final words Strapped to a gurney in the execution chamber at Riverbend Maximum Security Institution Thursday morning, Harold Wayne Nichols made a final statement.  “To the people I’ve harmed, I’m sorry,” he said, according to prison officials and media witnesses. “To my family, know that I love you. I know where I’m going to. I’m ready to go home.”

China | Former Chinese senior banker Bai Tianhui executed for taking US$155 million in bribes

Bai is the second senior figure from Huarong to be put to death for corruption following the execution of Lai Xiaomin in 2021 China has executed a former senior banker who was found guilty of taking more than 1.1 billion yuan (US$155 million) in bribes. Bai Tianhui, the former general manager of the asset management firm China Huarong International Holdings, was executed on Tuesday after the Supreme People’s Court approved the sentence, state broadcaster CCTV reported.

Oklahoma board recommends clemency for inmate set to be executed next week

A voting board in Oklahoma decided Wednesday to recommend clemency for Tremane Wood, a death row inmate who is scheduled to receive a lethal injection next week at the state penitentiary in McAlester.  Wood, 46, faces execution for his conviction in the 2001 murder of Ronnie Wipf, a migrant farmworker, at an Oklahoma City hotel on New Year's Eve, court records show. The recommendation was decided in a 3-2 vote by the Oklahoma Pardon and Parole Board, consisting of five members appointed by either the governor or the state's top judicial official, according to CBS News affiliate KWTV. Oklahoma Gov. Kevin Sitt will consider the recommendation as he weighs whether to grant or deny Wood's clemency request, which would mean sparing him from execution and reducing his sentence to life in prison without the possibility of parole.

Iran | Child Bride Saved from the Gallows After Blood Money Raised Through Donations, Charities

Iran Human Rights (IHRNGO); December 9, 2025: Goli Kouhkan, a 25-year-old undocumented Baluch child bride who was scheduled to be executed within weeks, has been saved from the gallows after the diya (blood money) was raised in time. According to the judiciary’s Mizan News Agency , the plaintiffs in the case of Goli Kouhkan, have agreed to forgo their right to execution as retribution. In a video, the victim’s parents are seen signing the relevant documents. Goli’s lawyer, Parand Gharahdaghi, confirmed in a social media post that the original 10 billion (approx. 100,000 euros) toman diya was reduced to 8 billion tomans (approx. 80,000 euros) and had been raised through donations and charities.

Burkina Faso to bring back death penalty

Burkina Faso's military rulers will bring back the death penalty, which was abolished in 2018, the country's Council of Ministers announced on Thursday. "This draft penal code reinstates the death penalty for a number of offences, including high treason, acts of terrorism, acts of espionage, among others," stated the information service of the Burkinabe government. Burkina Faso last carried out an execution in 1988.

Who Gets Hanged in Singapore?

Singapore’s death penalty has been in the news again.  Enshrined in law in 1975, a decade after the island split from Malaysia and became an independent state, the penalty can see people sentenced to hang for drug trafficking, murder or firearms offenses, among other crimes. Executions have often involved trafficking under the Misuse of Drugs Act, with offenses measured in grams.  Those executed have included people from low-income backgrounds and foreign nationals who are sometimes not fluent in English, according to human rights advocates such as Amnesty International and the International Drug Policy Consortium. 

Afghanistan's Taliban rulers carry out public execution in sports stadium

The man had been convicted of killing 13 members of a family, including children, and was executed by one of their relatives, according to police. Afghanistan's Taliban authorities carried out the public execution of a man on Tuesday convicted of killing 13 members of a family, including several children, earlier this year. Tens of thousands of people attended the execution at a sports stadium in the eastern city of Khost, which the Supreme Court said was the eleventh since the Taliban seized power in 2021 in the wake of the chaotic withdrawal of US and NATO forces.

Afghanistan | Two Sons Of Executed Man Also Face Death Penalty, Says Taliban

The Taliban governor’s spokesperson in Khost said on Tuesday that two sons of a man executed earlier that day have also been sentenced to death. Their executions, he said, have been postponed because the heir of the victims is not currently in Afghanistan. Mostaghfer Gurbaz, spokesperson for the Taliban governor in Khost, also released details of the charges against the man executed on Tuesday, identified as Mangal. He said Mangal was accused of killing members of a family.

USA | Should Medical Research Regulations and Informed Consent Principles Apply to States’ Use of Experimental Execution Methods?

New drugs and med­ical treat­ments under­go rig­or­ous test­ing to ensure they are safe and effec­tive for pub­lic use. Under fed­er­al and state reg­u­la­tions, this test­ing typ­i­cal­ly involves clin­i­cal tri­als with human sub­jects, who face sig­nif­i­cant health and safe­ty risks as the first peo­ple exposed to exper­i­men­tal treat­ments. That is why the law requires them to be ful­ly informed of the poten­tial effects and give their vol­un­tary con­sent to par­tic­i­pate in trials. Yet these reg­u­la­tions have not been fol­lowed when states seek to use nov­el and untest­ed exe­cu­tion meth­ods — sub­ject­ing pris­on­ers to poten­tial­ly tor­tur­ous and uncon­sti­tu­tion­al­ly painful deaths. Some experts and advo­cates argue that states must be bound by the eth­i­cal and human rights prin­ci­ples of bio­med­ical research before using these meth­ods on prisoners.

Utah | Ralph Menzies dies on death row less than 3 months after his execution was called off

Judge was set to consider arguments in December about Menzies’ mental fitness  Ralph Menzies, who spent more than 3 decades on Utah’s death row for the 1986 murder of Maurine Hunsaker, has died.  Menzies, 67, died of “presumed natural causes at a local hospital” Wednesday afternoon, according to the Utah Department of Corrections.  Matt Hunsaker, Maurine Hunsaker’s son, said Menzies’ death “was a complete surprise.”  “First off, I’d say that I’m numb. And second off, I would say, grateful,” Hunsaker told Utah News Dispatch. “I’m grateful that my family does not have to endure this for the holidays.”