What is the legal test for a prospective witness not to testify in a criminal case?
MultiRegion, United States of America
The following excerpt is from Jones v. Spearman, No. 2:18-cv-0387 MCE DB P (E.D. Cal. 2019):
Carlson v. Attorney Gen. of Calif., 791 F.3d 1003, 1009 (9th Cir. 2015). The court recognized that to meet this standard, there must be an "affirmative action on the part of the defendant that produces the desired result, non-appearance by a prospective witness against him in a criminal case." Id. at 1010.5 The defendant must do more than simply "acquiesce" to the witness's decision not to participate.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a minor criminal offence included in the criminal history of a defendant in the Criminal History of the Criminal Code? (MultiRegion, United States of America)
Is there any case law where a police officer testified incredibly with respect to a witness giving evidence in a civil case? ("New York", United States of America)
Does the Fifth Amendment bar a defendant from testifying at trial if they are a witness in a criminal case? (MultiRegion, United States of America)
Is there any case law where two witnesses testified to different transactions but one of the two witnesses was corroborated as to one transaction but not the other? (MultiRegion, United States of America)
When counting criminal convictions for career offender purposes under section 4A1.2 of the Criminal Code, is the criminal conviction of a career offender included in the criminal record calculation? (MultiRegion, United States of America)
Can a defense counsel cross-examine the witness in a criminal case based on the fact that the prosecutor had told the witness what type of cross-examination could be expected? (MultiRegion, United States of America)
What constitutes a pernicious scheme to induce a witness to testify in a criminal case? (MultiRegion, United States of America)
What is the legal test for a witness to testify in a wiretap case? (MultiRegion, United States of America)
Are there any cases where the Supreme Court has found that criminal convictions for common law crimes against individuals who have not been convicted of criminal convictions are sufficient grounds for criminal convictions? (MultiRegion, United States of America)
Does a party who is a defendant in a criminal case have the ability to raise issues in a declaratory judgment action that cannot be resolved in the criminal case? ("New York", United States of America)
