What constitutes substantial government interference with the choice of a defense witness?
MultiRegion, United States of America
The following excerpt is from U.S. v. Kuna, 963 F.2d 380 (9th Cir. 1992):
Substantial government interference with a defense witness's free and unhampered choice to testify violates due process. United States v. Little, 753 F.2d 1420, 1438 (9th Cir.1984). "Whether substantial government interference with a defense witness occurred is a factual determination to be made by the trial court. We review a district court's factual determination under the clearly erroneous standard." Id. at 1439 (internal citations omitted).
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