Can an impeached witness testify before a panel of witnesses?
MultiRegion, United States of America
The following excerpt is from U.S. v. Cook, 608 F.2d 1175 (9th Cir. 1979):
10 See also, United States v. Brown, 501 F.2d 146 (9th Cir. 1974). The trial judge said that an impeachment witness could not testify unless afterwards he turned over copies of documents on which his testimony was to be based to the government. Rather than submit to this condition, defense counsel chose to forego impeachment. This court did not discuss appealability but held that "conditioning impeachment with prosecutorial discovery was prejudicial error." 501 F.2d at 151.
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