Reported / Citable
Background
Marcil McCowen was convicted of first degree murder in 2001 and sentenced to 50 years to life. At trial, a paramedic described two gunshot wounds and brain matter, evidence the prosecution used to support premeditation. A pathologist’s report, not introduced at trial, instead described one wound entering near the upper chest or neck and exiting through the upper back.
After state habeas petitions, the California Supreme Court issued an order to show cause returnable in the Court of Appeal. McCowen alleged the conviction rested on materially false evidence under Penal Code section 1473.
The Court’s Holding
The Court of Appeal granted the petition to the extent of ordering a superior-court evidentiary hearing. The discrepancy between the paramedic’s testimony and the medical report supported a prima facie false-evidence claim, and the existing paper record could not resolve factual disputes about falsity, materiality, and the trial evidence.
The court also treated the Supreme Court’s order to show cause as establishing that the petition stated a prima facie claim and was not procedurally barred. A concurrence agreed with the result while cautioning against reading every order to show cause as silently deciding all possible procedural defenses.
Key Takeaways
- Materially inaccurate forensic testimony can support habeas relief even without proof that the witness intentionally lied.
- A prima facie showing earns factual development; it does not itself vacate the conviction.
- Counsel should compare trial descriptions closely with contemporaneous medical and forensic records.
- The scope of an order to show cause should be read carefully, particularly when procedural defaults remain contested.
Why It Matters
The decision underscores that postconviction review focuses on the reliability and material effect of evidence, not merely witness culpability. For defense lawyers, an unintroduced expert report that contradicts a prosecution narrative may justify an evidentiary hearing years after trial.