Can a defendant challenge the testimony of a witness at trial on the grounds that an earlier out-of-court statement was the product of police coercion?
California, United States of America
The following excerpt is from People v. Wagner, B282371 (Cal. App. 2018):
"Defendants have limited standing to challenge the trial testimony of a witness on the ground that an earlier out-of-court statement made by the witness was the product of police coercion." (People v. Williams (2010) 49 Cal.4th 405, 452.) A defendant may assert a violation of his or her right to due process of the law and a fair trial based upon the coercion of a third party witness. (Id. at pp. 452-453.)
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