(Download) "State West Virginia v. Phillip A. Ward" by United States Court Of Appeals For The Sixth Circuit # eBook PDF Kindle ePub Free
eBook details
- Title: State West Virginia v. Phillip A. Ward
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 29, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 78 KB
Description
1. Where a trial court is presented with a defendants failure to disclose the identity of witnesses in compliance with West Virginia Rule Criminal Procedure 16, the trial court must inquire into the reasons for the defendants failure to comply with the discovery request. If the explanation offered indicates that the omission of the witness identity was willful and motivated by a desire to obtain a tactical advantage that would minimize the effectiveness of cross-examination and the ability to adduce rebuttal evidence, it is consistent with the purposes of the compulsory process clause of the sixth amendment to the United States Constitution and article II, section 14 of the West Virginia Constitution to preclude the witness from testifying.
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