Marion Wilson, Jr. v. Benjamin Ford, Warden
Whether a prosecutor may secure a death sentence by presenting knowingly false and/or misleading argument to the jury that argues falsehoods about the defendant's culpable acts in order to incite the jury to impose the death penalty?
Whether Marion Wilson may be executed where there is insufficient evidence that he killed, intended to kill, or engaged in conduct leading up to the murder that reflected reckless indifference, and where evidence obtained post-conviction demonstrates that the prosecutor engaged in misconduct in order to secure the death penalty?
Are due process and the Eighth Amendment violated when a prosecutor knowingly argues falsehoods about the defendant's culpable acts in order to incite the jury to impose the death penalty?