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122893P.pdf 08/02/2013 United States v. Alvin Clay
U.S. Court of Appeals Case No: 12-2893
U.S. District Court for the Eastern District of Arkansas - Little Rock
[PUBLISHED] [Gruender, Author, with Colloton and Benton, Circuit Judges]
Prisoner case - habeas. Assuming, without deciding that the Government
used perjured testimony in obtaining Clay's conviction and knew or should
have know it was perjured, his allegation of error is an allegation of a
trial error and not a structural error and must be evaluated under the
harmless-error standard; applying the harmless-error standard, the claimed
false testimony could not have actually prejudiced the jury's verdict in
light of the overall strength of the government's case and the fact that
the witness was thoroughly impeached at trial