Court of Criminal Appeals of Texas

Ex Parte Alfred Castellano

September 29, 19931993 Tex. Crim. App. LEXIS 154

Summary

The Court held that the prosecution’s knowledge of perjured testimony by a police officer is imputable to the State, that such imputed knowledge combined with the use of perjured testimony violates the Fourteenth Amendment due process clause, and that the perjured testimony was material; therefore the Court reversed the Court of Appeals, set aside the arson conviction, and remanded for further proceedings. Justice Clinton dissented, arguing the majority improperly engaged in fact‑finding and should have vacated and remanded the appellate judgment.