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?
Recommended Citation: Damra v. United States, SCOTUSblog, https://www.scotusblog.com/cases/damra-v-united-states/