Is there a new constitutional right to judicial immunity for defense witnesses?
MultiRegion, United States of America
The following excerpt is from Allen v. Woodford, 366 F.3d 823 (9th Cir. 2004):
Allen asserts a due process right to judicial immunity for his defense witnesses, independent of prosecutorial misconduct. This assertion is a "new constitutional rule of criminal procedure," which is barred by Teague v. Lane. 489 U.S. 288, 109 S.Ct. 1060, 103 L.Ed.2d 334 (1989). New constitutional rules of criminal procedure are inapplicable to "cases which have become final before the new rules are announced." Id. at 310, 109 S.Ct. 1060.
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