What is the legal test for denying immunity for a defense witness?

MultiRegion, United States of America

The following excerpt is from Jeffers v. Ricketts, 832 F.2d 476 (9th Cir. 1987):

Denial of immunity for a defense witness can violate due process. United States v. Lord, 711 F.2d 887 (9th Cir.1983). The defendant is entitled to an evidentiary hearing if he makes "an unrebutted prima facie showing of prosecutorial misconduct that could have prevented a defense witness from giving relevant testimony." Id. at 891. In order to make a prima facie showing of prosecutorial misconduct, a defendant has the burden of showing, first, that the evidence was relevant and, second, that the prosecution deliberately intended to distort the judicial factfinding process by denying immunity to the defense witness. Id. (citing with approval Government of Virgin Islands v. Smith, 615 F.2d 964, 968 (3d Cir.1980)). Jeffers has not met his burden.

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