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)

Lethal Injection, Electric Chair, or Firing Squad? An Inhumane Decision for Death Row Prisoners

South Carolina resumed executions with the firing squad killing of Brad Sigmon last month. Mikal Madhi’s execution date is days away. The curtain shrieked as it was yanked open to reveal a 67-year-old man tied to a chair. His arms were pulled uncomfortably behind his back. The red bull’s-eye target on his chest rose and fell as he desperately attempted to still his breathing. The man, Brad Sigmon, smiled at his attorney, Bo King, seated in the front row before guards placed a black bag over his head. King said Sigmon appeared to be trying his best to put on a brave face for those who had come to bear witness.

Florida executes Michael Tanzi

Florida on Tuesday executed a death row inmate described by one local detective as a "fledgling serial killer" for the murder of a beloved Miami Herald employee. Florida executed Michael Tanzi on Tuesday, 25 years after the murder of beloved Miami Herald employee Janet Acosta, who was attacked in broad daylight on her lunch break in 2000.   Michael Tanzi, 48, was executed by lethal injection at the Florida State Prison in Raiford and pronounced dead at 6:12 p.m. ET. 

South Carolina | Man who ambushed off-duty cop to face firing squad in second execution of its kind

Mikal Mahdi, 48, who was found guilty of killing an off-duty police officer and a convenience store worker, is the second inmate scheduled to executed by South Carolina's new firing squad A murderer who ambushed and shot an off duty police officer eight times before burning his body in a killing spree is set to become the second person to die by firing squad. South Carolina's highest court has rejected the last major appeal from Mikal Mahdi, 41, who is to be put to death with three bullets to the heart at 6pm on April 11 at the Broad River Correctional Institution in Columbia. Mahdi's lawyers said his original lawyers put on a shallow case trying to spare his life that didn't call on relatives, teachers or people who knew him and ignored the impact of weeks spent in solitary confinement in prison as a teen.

Arizona | The cruelty of isolation: There’s nothing ‘humane’ about how we treat the condemned

On March 19, I served as a witness to the execution of a man named Aaron Gunches, Arizona’s first since 2022. During his time on death row, he begged for death and was ultimately granted what is likely more appropriately described as an emotionless state-assisted suicide. This experience has profoundly impacted me, leading to deep reflection on the nature of death, humanity, and the role we play in our final moments. When someone is in the end stages of life, we talk about hospice care, comfort, care, easing suffering and humane death. We strive for a “good death” — a peaceful transition. I’ve seen good ones, and I’ve seen bad, unplanned ones. 

Louisiana | Lawyers of Jessie Hoffman speak about their final moments before execution

As Louisiana prepared its first execution in 15 years, a team of lawyers from Loyola Law were working to save Jessie Hoffman’s life. “I was a young lawyer three years out of law school, and Jessie was almost finished with his appeals at that time, and my boss told me we needed to file something for Jessie because he’s in danger of being executed,” Kappel said. Kappel and her boss came up with a civil lawsuit to file that said since they wouldn’t give him a protocol for his execution, he was being deprived of due process, and the lawsuit was in the legal process for the next 10 years.

Execution date set for prisoner transferred to Oklahoma to face death penalty

An inmate who was transferred to Oklahoma last month to face the death penalty now has an execution date. George John Hanson, also known as John Fitzgerald Hanson, is scheduled to die on June 12 for the 1999 murder of 77-year-old Mary Bowles.  The Oklahoma Court of Criminal Appeals on Tuesday set the execution date. The state’s Pardon and Parole Board has a tentative date of May 7 for Hanson’s clemency hearing, executive director Tom Bates said.

'No Warning': The Death Penalty In Japan

Stakes for wrongful convictions are high in Japan, where the death penalty has broad public support despite criticism over how it is carried out. Tokyo: Capital punishment in Japan is under scrutiny again after the world's longest-serving death row prisoner, Iwao Hakamada, was awarded $1.4 million in compensation this week following his acquittal last year in a retrial. Stakes for wrongful convictions are high in Japan, where the death penalty has broad public support despite international criticism over how it is carried out.

USA | Why the firing squad may be making a comeback

South Carolina plans to execute Mikal Mahdi on Friday for the murder of a police officer, draping a hood over his head and firing three bullets into his heart. The choice to die by firing squad – rather than lethal injection or the electric chair – was Mahdi’s own, his attorney said last month: “Faced with barbaric and inhumane choices, Mikal Mahdi has chosen the lesser of three evils.” If it proceeds, Mahdi’s execution would be the latest in a recent string of events that have put the spotlight on the firing squad as a handful of US death penalty states explore alternatives to lethal injection, by far the nation’s dominant execution method.

Afghanistan | Four men publicly executed by Taliban with relatives of victims shooting them 'six or seven times' at sport stadium

Four men have been publicly executed by the Taliban, with relatives of their victims shooting them several times in front of spectators at a sport stadium. Two men were shot around six to seven times by a male relative of the victims in front of spectators in Qala-i-Naw, the centre of Afghanistan's Badghis province, witnesses told an AFP journalist in the city.  The men had been 'sentenced to retaliatory punishment' for shooting other men, after their cases were 'examined very precisely and repeatedly', the statement said.  'The families of the victims were offered amnesty and peace but they refused.'

I spent 16 years in solitary in South Carolina. This is what it did to me. | Opinion

South Carolinian Randy Poindexter writes about the effects 16 years of solitary confinement had on him ahead of South Carolina’s planned execution of Mikal Mahdi , who spent months in solitary as a young man. For 16 years, I lived in a concrete cell. Twenty-three hours a day, every day, for more than 3,000 days, South Carolina kept me in solitary confinement. I was a young man before I was sent to solitary — angry, untreated and unwell. I made mistakes. But I wasn’t sentenced to madness. That’s what solitary did to me. My mental health worsened with each passing day. At first, paranoia and depression set in. Then, hallucinations and self-mutilation. I talked to people who weren’t there. I cut myself to feel something besides despair. I could do nothing as four of my friends and fellow prisoners took their own lives rather than endure another day of torturous isolation.