Justices May Allow More Time to File False Evidence Cases (1)

The justices’ heads were “spinning” during oral argument April 17 in a case about when a defendant must file a false evidence claim, according to Justice Samuel Alito.

They were considering whether the clock starts to run for filing a claim that a prosecutor fabricated evidence when it was first used against the criminal defendant, or when the trial ends in the defendant’s favor.

Part of the confusion for the justices was that the court hasn’t yet officially recognized a claim for using fabricated evidence.

Shouldn’t the court consider whether that claims exists and what its elements are before considering ...