Elroy A. Phillipsv.Usa
Elroy Phillips sought relief under federal habeas law from convictions and sentences arising from a multi-count federal prosecution. The district court granted limited relief, vacating one conviction based on the government’s use of testimony that the parties agreed should not have been presented, but denied relief on the remaining counts. The Eleventh Circuit affirmed in part and vacated in part. The court held that the false testimony was material to Count 1 and had a substantial and injurious effect on the verdict, requiring that conviction to be vacated and the case remanded for resentencing. The court rejected Phillips’s challenges to the other convictions because the remaining admissible evidence supported them and the district court properly excluded the tainted testimony when evaluating those claims. The court also declined to consider a challenge outside the scope of the amended motion. The judgment was affirmed in part, while Count 1 was vacated and remanded.
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