COMPULSORY PROCESS / RIGHT TO TESTIFY

Question 1

Washington v. TX rule (co-Δ testimony)

Answer 1

statutory law preventing co-Δ from testifying unconstitutional (Compulsory Process Clause violation)

Question 2

US v. Burr rule (subpoena duces tecum)

Answer 2

bar on subpoena duces tecum (compels person to appear & bring documents) unconstitutional

Question 3

Taylor rule (discovery violations) + other options (3)

Answer 3

6th Amendment Compulory Process Clause may be violated by discovery sanctions that entirely exclude testimony of a material defense witness)

other options = 1) punish attorney not Δ; 2) can exclude evidence if Δ’s fault personally; 3) show prejudice (outcome would’ve been different if evidence wasn’t excluded)

Question 4

Chambers v. Mississippi rule (Δ exculpatory evidence excluded by evidentiary rules)

Answer 4

state may not enforce rules of evidence in a manner which prevents Δ from presenting reliable exculpatory evidence & thus denies Δ fair trial

Question 5

Rock v. AR rule (hypnosis case)

Answer 5

constitutional rights of Δ to testify on their own behalf take precedence over whatever state rules exist regarding exclusion of hypnotically refreshed testimony

Question 6

Griffin v. CA rule (prosecutor closing argument statements inferring guilt from Δ’s lack of testimony)

Answer 6

5th Amendment forbids comments by prosecutor related to Δ’s silence/lack of testimony; these comments cut down constitutional privilege enough it becomes less of a right

Question 7

Carter rule (Δ’s jury instruction on lack of testimony denied by trial court)

Answer 7

Δ has constitutional right to jury instruction stating not to infer guilt or prejudice Δ for not testifying

Question 8

Lakeside v. OR rule (when Δ doesn’t want jury instruction on lack of testimony given)

Answer 8

no constitutional right preventing court from giving jury instruction regarding Δ’s lack of testimony, even if Δ doesn’t want it

Question 9

Mitchell v. US rule (Δ’s silence during sentencing)

Answer 9

Δ who waives guilty plea does not also waive 5th Amendment privilege during sentencing; court can’t draw adverse inferences from Δ’s silence when determining facts related to crime which affect severity of sentence

Question 10

Portuondo rule (prosecutor comments about Δ testimony during trial)

Answer 10

no constitutional violation if prosecutor comments to jury that Δ may have obtained advantage by testifying last

Question 11

modified Allen instruction

Answer 11

jury instruction given to deadlocked juries; tells them important to reach unanimous decision if possible