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Warden's False testimony at Death Sentence Hearing Okay
The petitioner was convicted of murdering another prisoner and was
sentenced to death. At the penalty phase, the warden testified that he
thought a death sentence had "quite an effect" on the prison population and
a life sentence had "very little effect." The fact that his factual
premise (about the lack of homicides after the imposition of a prior death
sentence) was false did not render his testimony so false or inaccurate as
to violate the Eighth Amendment; hey, he said he was only giving his
opinion. See: Criminal Proceedings Amrine v. Bowersox, 238 F.3d 1023 (8th
Cir. 2001).
sentenced to death. At the penalty phase, the warden testified that he
thought a death sentence had "quite an effect" on the prison population and
a life sentence had "very little effect." The fact that his factual
premise (about the lack of homicides after the imposition of a prior death
sentence) was false did not render his testimony so false or inaccurate as
to violate the Eighth Amendment; hey, he said he was only giving his
opinion. See: Criminal Proceedings Amrine v. Bowersox, 238 F.3d 1023 (8th
Cir. 2001).
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