· 4/8/1996
Armando Guzman v. Charles Scully, Superintendent of Greenhaven Correctional Facility
Citations
- 80 F.3d 772
- 1996 U.S. App. LEXIS 6865
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the court cannot rely on representations from the prosecutor, rather the testimony must come from the witness himself
- holding that the court cannot rely on representations from the prosecutor, rather the testimony must come from the witness himself
- holding that the court cannot rely on representations from the prosecutor, rather the testimony must come from the witness himself
- observing that, to uphold claim of witness intimidation, trial court must ask witness if he/she felt intimidated rather than relying on counsel's representations thereof
- explaining that “[s]ince no testimony was elicited from the witness alleged to be feeling intimidated, there was no ascertainment that the reason advanced by the prosecutor was substantial or likely to be prejudiced”
- explaining that “[s]ince no testimony was elicited from the witness alleged to be feeling intimidated, there was no ascertainment that the reason advanced by the prosecutor was substantial or likely to be prejudiced” (internal quotation marks and citations omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: Newman, Mahoney, Friedman
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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