What is a defendant's due process right to confront the prosecution's witnesses?

California, United States of America


The following excerpt is from The PEOPLE V. WILLIAMS, G041764, No. 07HF1357 (Cal. App. 2010):

right to present the defendant's version of the facts as well as the prosecution's to the jury so it may decide where the truth lies. Just as an accused has the right to confront the prosecution's witnesses for the purpose of challenging their testimony, he has the right to present his own witnesses to establish a defense. This right is a fundamental element of due process of law." (Washington v. Texas (1967) 388 U.S. 14, 19 [defendant has due process right to compulsory process].) The court may not prevent defendant from calling a witness perhaps his most favorable witness, one whose testimony would have gutted the prosecution's strongest evidence of intent simply because the court would like defendant to testify first.

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