Can a witness tailored testimony to conform with that of another witness?

MultiRegion, United States of America

The following excerpt is from Larson v. Palmateer, 515 F.3d 1057 (9th Cir. 2008):

The record does not contain any indication that we can find (and defendant does not suggest) that any witness tailored testimony to conform with that of any earlier witness or even communicated with any earlier witness about questions by trial counsel, about trial testimony, or about the facts of the case. Indeed, because of the nature of the proof, even the possibility of such tailoring was very remote.

State v. Larson, 325 Or. 15, 933 P.2d 958, 965 (1997).

The correctness of the trial court's evidentiary ruling as a matter of state law is irrelevant to our review, because a federal court may entertain an application for a writ of habeas corpus "only on the ground that [the petitioner] is in custody in violation of the Constitution or laws or treaties of the United States." 28 U.S.C. 2254(a). The only question before us, therefore, is whether the trial court's failure to exclude the state's witnesses from the courtroom "rendered the trial so fundamentally unfair as to violate due process." See Windham v. Merkle, 163 F.3d 1092, 1103 (9th Cir.1998).

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