Green v. Georgia
Supreme Court
442 U.S. 95 (1979)
Roosevelt Green (defendant) and Carzell Moore were tried separately for the rape and murder of Teresa Carol Allen; at Moore's trial, witness Thomas Pasby testified that Moore had confided to him that he alone killed Allen, and that testimony helped convict Moore. At Green's separate sentencing hearing to determine whether he would receive the death penalty, Green sought to introduce the same Pasby testimony about Moore's confession, but the trial court excluded it as hearsay, Green was sentenced to death, and the Georgia Supreme Court affirmed.
Whether excluding highly relevant, reliable hearsay evidence at a capital sentencing hearing, evidence that was admitted against a co-defendant in a separate trial, violates due process.