Is there any case law where a defendant has been found guilty of making threats against a witness?

Ortiz-Sandoval argues that the prejudice resulting from the evidence greatly outweighed its probative value. When a trial court's weighing of prejudice versus probative value is challenged on appeal, the "trial court's exercise of broad discretion will not lightly be disturbed ... due to its proximity." United States v. Qamar, 671 F.2d 732, 735-36 (2nd Cir.1982) (citation omitted). This deference is heightened on habeas, where we afford the state trial court's conclusions the presumption of correctness of 28 U.S.C. 2254(d).

The potential of unfair prejudice from the introduction of threats is "severe." United States v. Check, 582 F.2d 668, 685-86 (2nd Cir.1978) (dicta). There is a danger that a jury, upon hearing of threats made by the defendant against witnesses, may decide on the improper basis that the defendant is a "bad man." United States v. McManaman, 606 F.2d 919, 926 (10th Cir.1979) (citation omitted).