What is the test to prove that a defendant intentionally caused a witness to invoke the Fifth Amendment right against self-incrimination?
MultiRegion, United States of America
The following excerpt is from Morales v. Sherman, No. 2: 12-cv-0544 TLN KJN P (E.D. Cal. 2014):
defendant may satisfy this prong by showing 'that the prosecutor intentionally caused a defense witness to invoke the Fifth Amendment right against self- incrimination.'" Id., quoting Williams v. Woodford, 384 F.3d 567, 600 (9th Cir. 2004). The government's actions "need to amount to something akin to prosecutorial misconduct." Id.
Page 31
Williams v. Woodford, 384 F.3d at 601-02.
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