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Brittany Holberg, inmate on Texas death row for 27 years, has her conviction tossed by federal appeals court (www.cbsnews.com)

submitted 21 hours ago by [email protected] to c/[email protected]

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A federal appeals court has tossed an Amarillo woman's death sentence after it found that local prosecutors had failed to reveal that their primary trial witness was a paid informant.

With a 2-1 decision, the U.S. 5th Circuit Court of Appeals last week sent Brittany Marlowe Holberg's 1998 murder conviction back down to the trial court to decide how to proceed.

Holberg has been on death row for 27 years. In securing her conviction in 1998, Randall County prosecutors heavily relied on testimony from a jail inmate who was working as a confidential informant for the City of Amarillo police. That informant recanted her testimony in 2011, but neither a Texas Court of Criminal Appeals or a federal district court found that prosecutors had violated Holberg's constitutional right to a fair trial.

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[–] [email protected] 3 points 7 hours ago

Ethically it certainly matters. But systems wise we cannot incentivize it. Which is why corrupt prosecutions are legally supposed to result in removing the conviction. She's certainly not magically a good person. And iirc most states allow another trial.