Is a defendant responsible for the unavailability of defense witnesses?
MultiRegion, United States of America
The following excerpt is from Griffin v. Spearman, No. 2:18-cv-0562-MCE-EFB P (E.D. Cal. 2019):
As a preliminary matter, no compulsory process claim can succeed where the defendant, rather than the government, is responsible for the defense witnesses' unavailability to testify. See United States v. Collins, 551 F.3d 914, 926-27 (9th Cir. 2009). Here, petitioner lays the blame for failing to secure his desired witnesses squarely at the feet of his own trial attorney. Consequently, his claim fails.
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