Does the court have any authority to deny a motion to compel a witness to testify against a defendant in a murder case?

California, United States of America


The following excerpt is from People v. Helms, G040867 (Cal. App. 1/21/2009), G040867. (Cal. App. 2009):

In any event, defendant has not shown the court abused its discretion in denying the motion. (People v. Burgener (2003) 29 Cal.4th 833, 873.) He argues he suffered a due process violation because "the prosecution was holding a huge hammer over her head" and "[t]he jury needed to be aware that she was a witness that had her life to lose if she testified in such a way that was perceived as untruthful by the prosecution." But during cross-examination, his counsel elicited an admission from her that if she failed to tell the truth, the prosecution would be permitted to reinstate the murder charge and she would be "facing life in prison." Thus, the jury had already been told what defendant contends it needed to be told.

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