What is the effect of a ruling preventing the defense from arguing that the government has failed to produce relevant evidence that would be unfavorable to it?
MultiRegion, United States of America
The following excerpt is from U.S. v. Tory, 52 F.3d 207 (9th Cir. 1994):
The ruling preventing the argument relative to the photographs was an abuse of discretion. The defense should have been allowed to argue that the government's failure to produce relevant evidence within its control gives rise to an inference that the evidence would be unfavorable to it. Cf. United States v. Cadet, 727 F.2d 1453, 1469 (9th Cir.1984); Dickinson v. United States, 203 F.2d 336, 343 (9th Cir.), rev'd on other grounds, 346 U.S. 389, 74 S.Ct. 152, 98 L.Ed. 132 (1953).
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