The court of appeals affirmed a judgment of the district court in part, reversed in part and remanded. The court held that the State’s failure to correct a jailhouse informant’s false testimony regarding his motivations for testifying prejudicially violated a capital defendant’s due process rights under Napue v. Illinois, 360 U.S. 264 (1959), with respect to the penalty phase hearing.
Lacey Sivak was convicted in Idaho state court of murdering Dixie Wilson while she was working as a gas station attendant. Approximately $385 was taken from the station’s cash drawer and safe. Both Sivak and his co-defendant Randall Bainbridge (who was tried separately) admitted that they were present when the crime occurred, but each insisted that the other was responsible for the murder and robbery.
