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Defendant failed to show his cross at a Franks hearing was not related to his direct

By John Wesley Hall, Jr.

Defendant's searching cross examination at a Franks hearing was alleged to have a chilling effect on his testimony at trial. He did not show, however, that the cross exceeded the scope of direct. United States v. Vaughn, 2008 U.S. Dist. LEXIS 82950 (E.D. Cal. September 2, 2008): The defendant has failed to identify any particular subjects or questions inquired into by government counsel during the suppression hearing that were allegedly beyond the scope of the testimony he willingly gave or were not otherwise relevant to Defendant's credibility at the Franks hearing. Arredondo v. Ortiz, 365 F.3d 778, 783 (9th Cir. 2004) "There is no question that a witness's credibility is properly subject to exploration once he takes the stand."). As the Ninth Circuit explained in United States v...continue to full post

Full post as published by Fourth Amendment on October 21, 2008 (boomark / email).