Can a criminal defendant compel the government to grant immunity to a witness?

MultiRegion, United States of America

The following excerpt is from USA v. Whitehead, 200 F.3d 634 (9th Cir. 2000):

"A criminal defendant is not entitled to compel the government to grant immunity to a witness." United States v. Westerdahl, 945 F.2d 1083, 1086 (9th Cir. 1991). There is, however, "an exception to this rule in cases where the factfinding process is intentionally distorted by prosecutorial misconduct." Id. "In order to make out a claim for prosecutorial misconduct, a defendant must show that the evidence sought from the nonimmunized witness was relevant and that the government distorted the judicial fact-finding process by denying immunity to the potential witness." Id. "If a defendant makes an `unrebutted prima facie showing of prosecutorial misconduct that could have prevented a defense witness from giving relevant testimony,' we will remand the case to the district court to determine at an evidentiary hearing whether the government intentionally distorted the factfinding process." Id. (quoting United States v. Lord, 711 F.2d 887, 891 (9th Cir. 1983)).

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