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Name: In re Cox
Case #: S004507
Court: CA Supreme Court
District CalSup
Opinion Date: 06/09/2003
Subsequent History: None
Summary

In a habeas proceeding in a death penalty case, the referee found, among other claims, that while a witness’ testimony regarding many of defendant’s incriminating acts and statements was true, the witness had lied in testifying that defendant had confessed committing the crime to her. The court held that it was not reasonably probable that the testimony regarding the confession affected the verdict. First, the testimony regarding the confession was highly suspect, in that the witness gave inconsistent testimony and was extensively impeached on cross-examination. Second, there was otherwise overwhelming evidence at trial which supported the verdict.