Is there a violation of the Sixth Amendment when a witness was excluded from the evidence?

MultiRegion, United States of America

The following excerpt is from James v. Marshall, 56 F.3d 71 (9th Cir. 1995):

In order to determine whether a Sixth Amendment violation occurred, it is necessary to make a two-part inquiry. Id. at 1549-50. First, we must inquire whether the excluded evidence is relevant. Id. at 1550. If the evidence is relevant, we ask next whether other legitimate interests outweigh his interest in presenting the evidence. Id. We will hold there is a Sixth Amendment violation only where the trial court abused its discretion. Id. "A trial court does not abuse its discretion so long as the jury has sufficient information upon which to assess the credibility of witnesses." Id.; Evans v. Lewis, 855 F.2d 631, 633-34 (9th Cir. 1988) (explaining that evaluation of witness' general credibility enjoys less protection than right to develop witness' bias).

Other Questions


What is the difference between evidence obtained as a result of a violation of the Fifth Amendment and that reliable evidence obtained under the Fourth Amendment? (MultiRegion, United States of America)
Does counsel's failure to make a motion to exclude the evidence constitute ineffective assistance of counsel in violation of the Sixth Amendment? (MultiRegion, United States of America)
What is the test for having standing to exclude or exclude evidence that may have been obtained in violation of the fourth amendment? (MultiRegion, United States of America)
What is the test for a violation of the Eighth Amendment when there are not enough "necessities" to constitute an Eighth Amendment violation? (MultiRegion, United States of America)
Does a federal district court violate its own rule of evidence when it excluded evidence that the victims of a mail fraud case suffered no monetary loss? (MultiRegion, United States of America)
If there is no evidence that the conditions in the general population of a maximum security prison violate the eighth amendment, what is the quantum of violation in administrative segregation? (MultiRegion, United States of America)
Does the exclusion of evidence that an alleged lookalike committed crimes in the area where the accused was arrested violate the Sixth Amendment? (MultiRegion, United States of America)
Is there any Fourth Amendment value served if 6 Townes, who was convicted of possession of illegal firearms and narcotics, reaps the financial benefit he seeks from the suppression of evidence obtained in violation of the Fourth Amendment? (MultiRegion, United States of America)
Is there a difference between the testimony of a witness and the evidence of evidence of the witness's free will? (Canada (Federal), Canada)
Is it a violation of the Sixth Amendment to prohibit a defendant from using the testimony of a witness in the trial? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.