Is a missing witness charge governed by federal or state law?
MultiRegion, United States of America
The following excerpt is from Martinelli v. Bridgeport Roman Catholic, 196 F.3d 409 (2nd Cir. 1998):
We need not determine whether in a diversity case a missing witness charge is governed by federal or state law because here the two standards are similar,10 and the charge, which we review only for abuse of discretion, see United States v. Torres, 845 F.2d 1165, 1170-71 (2d Cir. 1988); State v. Lewis, 245 Conn. 779, 813-14, 717 A.2d 1140, 1159 (1998), was plainly proper under both standards.
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