United States v. Johnson (1946)
Encyclopedia
United States v. Johnson, 327 U.S. 106 (U.S. 1946) was a United States Supreme Court case.
s and for conspiracy
. The Seventh Circuit
reversed. The Supreme Court reversed and remanded to the circuit court of appeals. That court remanded the case to the district court to permit a motion for a new trial on the ground of newly discovered evidence. That motion was made and denied. The circuit court of appeals affirmed. Respondents petitioned this Court for certiorari
, but the petition was dismissed on motion of their counsel.
After obtaining a second remand from the circuit court of appeals on the ground of still further newly discovered evidence, respondents filed in the district court an amended motion for a new trial. That motion was denied. The circuit court of appeals reversed. The Supreme Court granted certiorari.
Petitioners contended that their convictions were improper because they were based on perjured
testimony.
.
Procedural background
The case was decided alongside United States v. Sommers et al. Respondents in both cases were convicted of violations of penal provisions of the Revenue ActRevenue Act
-British Empire:*Revenue Act of 1764, popularly known as the Sugar Act*Revenue Act of 1766*Revenue Act of 1767 , one of the Townshend Acts-United States:* Revenue Act of 1861* Revenue Act of 1862...
s and for conspiracy
Conspiracy (crime)
In the criminal law, a conspiracy is an agreement between two or more persons to break the law at some time in the future, and, in some cases, with at least one overt act in furtherance of that agreement...
. The Seventh Circuit
United States Court of Appeals for the Seventh Circuit
The United States Court of Appeals for the Seventh Circuit is a federal court with appellate jurisdiction over the courts in the following districts:* Central District of Illinois* Northern District of Illinois...
reversed. The Supreme Court reversed and remanded to the circuit court of appeals. That court remanded the case to the district court to permit a motion for a new trial on the ground of newly discovered evidence. That motion was made and denied. The circuit court of appeals affirmed. Respondents petitioned this Court for certiorari
Certiorari
Certiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...
, but the petition was dismissed on motion of their counsel.
After obtaining a second remand from the circuit court of appeals on the ground of still further newly discovered evidence, respondents filed in the district court an amended motion for a new trial. That motion was denied. The circuit court of appeals reversed. The Supreme Court granted certiorari.
Petitioners contended that their convictions were improper because they were based on perjured
Perjury
Perjury, also known as forswearing, is the willful act of swearing a false oath or affirmation to tell the truth, whether spoken or in writing, concerning matters material to a judicial proceeding. That is, the witness falsely promises to tell the truth about matters which affect the outcome of the...
testimony.
Opinion of the court
The Supreme Court agreed, holding that the district court properly found that there was no prejudiced testimony. According to the Court, the appellate court improperly substituted its own finding that the challenged witness's original testimony was unerringly false and that the trial court's contrary conclusion amounted to an abuse of discretion. The court concluded that no reviewable issue of law was presented and that the appeal should have been dismissed as frivolousFrivolous litigation
In law, frivolous litigation is the practice of starting or carrying on law suits that, due to their lack of legal merit, have little to no chance of being won. The term does not include cases that may be lost due to other matters not related to legal merit...
.