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)

Arizona | Man who murdered pastor crucifixion style requests plea deal after parents killed in plane crash

Adam Sheafe, the California man who admitted to killing a New River, Arizona, pastor in a crucifixion-style attack, has asked prosecutors to offer him a plea deal that would result in a natural life sentence rather than the death penalty he had previously sought. Advisory council attorneys representing Sheafe sent a formal plea offer to prosecutors this week, about two weeks after his father and stepmother died in a plane crash at Marana Airport on April 8, according to 12 News. Sheafe, 51, is charged with first-degree murder in the death of William Schonemann, 76, pastor of New River Bible Church, who was found dead inside his home last April.

US Department of Justice announces decision to resume federal executions

The Department of Justice (DOJ) announced on Friday that it will resume the federal use of capital punishment and that it is seeking death sentences against 44 defendants. DOJ also said that it will use firing squads, electrocution, or nitrogen asphyxiation if the drug used in lethal injection is unavailable. The announcement follows the Restoring and Strengthening the Federal Death Penalty report, published on April 24. The report is especially critical of the moratorium on federal executions, ordered by Attorney General Merrick Garland in July 2021, to remain until the death penalty could be conducted “fairly and humanely.” Garland was concerned about the federal lethal injection protocol, which uses only one drug, pentobarbital, and the possibility that it causes “unnecessary pain and suffering.” In response to Garland’s moratorium and concerns, President Biden commuted the sentences of 37 prisoners on federal death row, leaving only three prisoners.

China | Man sentenced to death for murder executed in Yunnan

Tian Yongming, who was initially sentenced for a series of violent crimes and then had his sentence changed to death early this year, has been executed in Yunnan province following approval from China's top court. The execution was carried out by the Intermediate People's Court in Yuxi, Yunnan, on Tuesday, with local prosecutors supervising the process. Before the execution, Tian was allowed to meet with his family members. The case dates back to September 1996, when Tian was sentenced to nine years in prison for the rape and attempted murder of his sister-in-law. After his release on July 15, 2002, he plotted revenge against the woman. On the night of Nov 13, 2002, he broke into her home armed with a knife.

20 Minutes to Death: Witness to the Last Execution in France

The following document is a firsthand account of the final moments of Hamida Djandoubi, a convicted murderer executed by guillotine at Marseille’s Baumettes Prison on September 10, 1977. The record—dated September 9—was written by Monique Mabelly, a judge appointed by the state to witness the proceedings. Djandoubi’s execution would ultimately be the last carried out in France before capital punishment was abolished in 1981. At the time, President Valéry Giscard d'Estaing—who had publicly voiced his "deep aversion to the death penalty" prior to his election—rejected Djandoubi’s appeal for clemency. Choosing to let "justice take its course," the President allowed the execution to proceed, just as he had in two previous cases during his term:   Christian Ranucci , executed on July 28, 1976 and Jérôme Carrein , executed on June 23, 1977. Hamida Djandoubi , a Tunisian national, was sentenced to death for killing his former lover, Elisabeth Bousquet. He was execu...

Florida executes Chadwick Scott Willacy

STARKE, Fla. -- A Florida man who set his neighbor on fire after she returned from work to find him burglarizing her home was executed Tuesday evening. Chadwick Scott Willacy, 58, received a three-drug injection and was pronounced dead at 6:15 p.m. at Florida State Prison near Starke for the 1990 killing of Marlys Sather. It was Florida's fifth execution this year. The curtain to the execution chamber went up promptly at the scheduled 6 p.m. time, and the lethal injection got underway two minutes later, after Willacy made a brief statement.

Iran to execute first woman linked to mass protests after ‘forced confessions’

Bita Hemmati and three others have been sentenced to death for 'collusion' and 'propaganda.' Advocates claim the charges are baseless, citing a secretive process and state-televised interrogations. Iranian authorities are preparing to execute Bita Hemmati, the first woman sentenced to death in connection with the mass protests in Tehran in late December and January, according to the US-based non-profit the Human Rights Activists News Agency. Judge Iman Afshari, of Branch 26 of the Tehran Revolutionary Court, sentenced Hemmati, her husband, Mohammadreza Majidi Asl, and Behrouz Zamaninezhad, and Kourosh Zamaninezhad to death on the charge of “operational action for the hostile government of the United States and hostile groups,” in addition to discretionary imprisonment period of five years on the charge of “assembly and collusion against national security.”  

Tennessee | Man set to be executed files motion claiming DNA evidence will exonerate him

MEMPHIS, Tenn. — Attorneys for death row inmate Tony Carruthers filed a motion in Shelby County Criminal Court seeking immediate DNA testing on evidence they claim will prove his innocence in a 1994 triple murder.  Carruthers is scheduled for execution on May 12. He was convicted and sentenced to death for the kidnapping and murders of 24-year-old Marcellos Anderson, 17-year-old Delois Anderson, and 21-year-old Frederick Scarborough. Prosecutors at trial alleged the victims were buried alive in a Memphis cemetery as part of a drug-related robbery.

Florida Schedules Two Executions for Late April

TALLAHASSEE, Fla. — Governor Ron DeSantis has directed the Florida Department of Corrections to move forward with two executions scheduled for late April 2026, marking a significant ramp-up in the state's use of capital punishment. The scheduled deaths of Chadwick Willacy and James Ernest Hitchcock follow a series of landmark judicial rulings that have kept both men on death row for decades.

Singapore executes man for trafficking 1kg of cannabis

SINGAPORE — Singaporean authorities executed Omar bin Yacob Bamadhaj at Changi Prison on Thursday, April 16, 2026, following his 2019 conviction for importing 1,009.1 grams of cannabis. Bamadhaj, 41, though some reports have cited his age as 46, was arrested on July 12, 2018, during a routine search at the Woodlands Checkpoint. Officers discovered the narcotics wrapped in plastic and hidden within his vehicle as he attempted to enter Singapore from Malaysia.  Under the Misuse of Drugs Act, the threshold for the mandatory death penalty involving cannabis is 500 grams, a limit this shipment exceeded by more than double.

Florida | Man avoids death penalty in Daytona Beach triple murder

Jerome Anderson shot and killed Antoine Melvin, 42, John Burch, 65, and Patrick Lassiter, 35, in 2023. A man pleaded no contest to a triple-murder in Daytona Beach and was sentenced April 20 to three consecutive life terms in prison as part of a plea deal in which he avoided a possible death sentence. Jerome Anderson, 41, was indicted on three counts of first-degree murder and possession of a firearm by a convicted felon in the 2023 triple-slaying. Anderson pleaded no contest to the three first-degree murder charges April 20 and, in exchange, Assistant State Attorney Andrew Urbanak agreed not to continue to pursue the death penalty.