Federal Judiciary

Petition of the day

By Conor McEvily

Today?s ?petition of the day is:

Title: Damra v. United States
Docket: 10-937
Issue(s): 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?

Certiorari stage documents:

• Opinion below (6th Circuit)
• Petition for certiorari

Full post as published by SCOTUSBLOG on February 22, 2011 (boomark / email).