Is intimidation of defense witnesses violative of a defendant's compulsory-process right?
California, United States of America
The following excerpt is from People v. Panah, 107 P.3d 790, 25 Cal.Rptr.3d 672, 35 Cal.4th 395 (Cal. 2005):
"`Governmental interference violative of a defendant's compulsory-process right includes, of course, the intimidation of defense witnesses by the prosecution.
[25 Cal.Rptr.3d 727]
[Citations.] [] The forms that such prosecutorial misconduct may take are many and varied. They include, for example, statements to defense witnesses to the effect that they would be prosecuted for any crimes they reveal or commit in the course of their testimony. [Citations.]'" (People v. Hill (1998) 17 Cal.4th 800, 835, 72 Cal.Rptr.2d 656, 952 P.2d 673.)[25 Cal.Rptr.3d 727]
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