On February 25, 2025, WilmerHale secured a major victory for our pro bono client, Richard Glossip, when the US Supreme Court vacated his murder conviction and death sentence, ordering a new trial. The decision not only marks a pivotal moment in the pursuit of justice for Glossip, an Oklahoma death row inmate who has steadfastly maintained his innocence for decades, but also underscores the importance of due process and prosecutors observing legal ethics.

In 1997, Justin Sneed murdered Barry Van Treese in an Oklahoma motel owned by Van Treese and managed by Glossip. Despite the lack of direct evidence, Glossip was charged with first-degree murder based solely on Sneed’s testimony, which alleged that Glossip had directed the murder. Glossip was convicted and sentenced to death in 1998, and again following a retrial in 2004.

Concerns about the integrity of Glossip’s conviction grew over the years. In 2021, an ad hoc committee of the Oklahoma legislature engaged a law firm to conduct an independent investigation that revealed significant doubts about the conviction. The State of Oklahoma later disclosed crucial evidence that had been suppressed, including information about Sneed’s mental health history and his diagnosis of bipolar disorder.

Glossip petitioned the Oklahoma Court of Criminal Appeals (OCCA) for post-conviction review, citing prosecutorial misconduct and the failure to disclose exculpatory evidence. Although the OCCA denied the petition, the US Supreme Court granted certiorari in January 2024. WilmerHale represented Glossip for the Supreme Court proceedings, with Seth Waxman, co-chair of the firm’s Appellate and Supreme Court Practice and a former Solicitor General of the US, arguing that the State’s actions violated both Brady v. Maryland and Napue v. Illinois.

The Supreme Court’s decision, authored by Justice Sonia Sotomayor, held that the OCCA’s decision was not independent of federal law and the prosecution’s failure to correct false testimony and disclose critical evidence warranted a new trial. “We conclude that the prosecution violated its constitutional obligation to correct false testimony,” Sotomayor wrote for the majority. The Court emphasized the materiality of the suppressed evidence and the prosecutorial misconduct that occurred during the trial.

This landmark decision underscores the importance of due process and the need for transparency in the criminal justice system. WilmerHale remains committed to advocating for justice and ensuring that the constitutional rights of individuals accused or convicted of crimes are protected.

The WilmerHale team led by Seth Waxman includes Zaki Anwar, Juan Ruiz Toro, Julia May and Dylan Reichman.