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Damra v. United States

Certiorari Denied

Petition for certiorari denied on May 31, 2011.

Docket No.10-937
Op. Below6th Circuit

Issue

1) Whether a defendant who establishes the loss of material and favorable evidence when the government deports a prospective defense witness prior to trial must demonstrate that the government acted in bad faith in order to establish a violation of the Sixth Amendment's Compulsory Process Clause; and 2) whether a defendant asserting a violation of the Sixth Amendment's Compulsory Process Clause may establish, through the defendant's trial testimony alone, that a prospective defense witness deported by the government prior to trial would have provided material and favorable evidence?

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