Is there any case law where a defendant was ordered to produce evidence that did not exist in the record?
MultiRegion, United States of America
The following excerpt is from Dearinger v. United States, 344 F.2d 309 (9th Cir. 1965):
7 The condition applied without regard to the nature of the expected testimony, which does not appear in the record. We therefore cannot know whether the evidence was inadmissible, cumulative, or of little weight, so that failure to permit its production would be harmless error. Cf. United States v. Gutterman, 147 F.2d 540, 542 (2d Cir. 1945).
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