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A. I don't know whether he was an adverse witness or not.
Adequate notice and an opportunity to confront adverse witnesses must be afforded.
At trial Rainey did not testify during his side's case in chief, but he was called by the defense as an adverse witness.
"Wouldn't it be unusual for an adverse witness to be meeting with someone she is planning to testify against?"
He'd decided I was an adverse witness.
In almost every setting where important decisions turn on questions of fact, due process requires an opportunity to confront and cross-examine adverse witnesses.
This would shift the burden of producing adverse witnesses on the defendant rather than on the prosecution.
A witness called on behalf of an adverse party is usually an adverse witness.
The Sixth Amendment guarantees every criminal accused the right to confront all adverse witnesses.
I've had no chance to call witnesses on my own behalf and no opportunity to cross-examine any adverse witness."
The right to cross-examine adverse witnesses.
"Just because there are family members on the state's witness list in no way presumes that they are adverse witnesses to Michael Skakel."
Thus, a recipient is not permitted to present evidence to that official orally, or to confront or cross-examine adverse witnesses.
Wolff replied, "He's an adverse witness, Your Honor."
Were you aware at the time that you saw this notation on the calendar that the victim was a potential adverse witness in another case involving my client?"
His efforts began after the Supreme Court's decision in May 1997 - at a time when it had become foreseeable that she could be an adverse witness against the President.
Several of Mr. Lanier's days included testimony from Dr. Nancy Santanello, a Merck scientist whom he called as an "adverse witness."
Ms. Elliot ended up giving an account that was so potentially damaging to the officers that the defense team had her declared an adverse witness in order to make her clarify her story.
"It may sound harsh to say so, but it is the duty of lawyers to gather information, not protect prospective adverse witnesses," said Stephen Gillers, a law professor at New York University.
Q. And at the time you assisted Webb Hubbell by securing a job with Revlon for him, was he a potential adverse witness to the President in the ongoing investigation by the independent counsel?
Justice Scalia said the requirement of reliability was too subjective, amorphous and "malleable" to comport with the intent of the Constitution's framers, for whom the right to cross-examine adverse witnesses was essential.
By excluding evidence that might produce unfair verdicts, and by ensuring that litigants will generally have the opportunity to confront adverse witnesses, the hearsay rule serves as a cornerstone of a fair justice system.
Prosecutors asked the court to designate Felicia Moon as an "adverse witness," but Judge Larry Wagenbach declined the request because the prosecution could not provide a precedent of a victim being averse to testifying.
Appellees' challenge to this procedure emphasizes the absence of any provisions for the personal appearance of the recipient before the reviewing official, for oral presentation of evidence, and for confrontation and cross-examination of adverse witnesses.
Questioned as an adverse witness by lawyers for the plaintiff, Mr. Fitzgerald, a heavy-set man with flowing silver hair, acknowledged that he first mentioned the possible availability of the mosaics to Ms. Goldberg four or five years ago.