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California
Law Dictionary
Criminal Law Defendant’s Constitutional Right to Compel Attendance of Witnesses
(People v. Woods)
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Criminal Law Defendant’s Constitutional Right to Compel the Attendance of Witnesses
(People v. Woods}

“The state and federal Constitutions guarantee the defendant a meaningful opportunity to present a defense. [Citations.] As [our Supreme Court] has observed, ‘A defendant’s constitutional rights to compel the attendance of witnesses, as guaranteed by the Sixth Amendment, and to due process, as guaranteed by the Fourteenth Amendment, are violated when the prosecution interferes with the defendant’s right to present witnesses.’ [Citations].” (People v. Lucas (1995) 12 Cal.4th 415, 456.)

To establish a violation of his compulsory-process rights, a defendant “must establish three elements. ‘First, he must demonstrate prosecutorial misconduct, i.e., conduct that was “entirely unnecessary to the proper performance of the prosecutor’s duties and was of such a nature as to transform a defense witness willing to testify into one unwilling to testify.”’ [Citation.] Second, he must establish the prosecutor’s misconduct was a substantial cause in depriving the defendant of the witness’s testimony. [Citation.] . . . Finally, the defendant must show the testimony he was unable to present was material to his defense. [Citation.]” (People v. Lucas, supra, 12 Cal.4th at p. 457.)

People v. Woods-G030494-7/21/04-Prosecutorial Misconduct

Date Posted	Docket #/File Format	Description
Jul 21 2004	G030494 [PDF] [DOC]	P. v. Woods 7/21/04 CA4/3

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