(Download) "Robbins v. Cardwell" by Ninth Circuit United States Court of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: Robbins v. Cardwell
- Author : Ninth Circuit United States Court of Appeals
- Release Date : January 09, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
Arizona permits imposition of sanctions on a criminal defendant for failure to comply with rules requiring notice to the prosecution of certain defenses and the names of witnesses. See Ariz.R.Crim.P. 15.7.1 The more extreme sanctions include striking a defense and prohibiting testimony by a defense witness or the accused himself. See Ariz.R.Crim.P. 15.7(a)(4). The issue whether these sanctions can be applied for breach of Ariz.R.Crim.P. 15.2 without offending the confrontation clause of the sixth amendment and the right to present a defense which is implicit in the sixth amendment is a constitutional question of importance to the administration of criminal justice. This question was expressly reserved by the Supreme Court in Wardius v. Oregon, 412 U.S. 470, 472 n.4, 93 S. Ct. 2208, 2211, 37 L. Ed. 2d 82 (1973). See Note, The Preclusion Sanction A Violation of the Constitutional Right to Present a Defense, 81 Yale L.J. 1342 (1972). We reject the argument that this issue is presented for our determination on the record in this case. On this appeal from denial of habeas corpus relief, appellant contends his Arizona rape conviction under Ariz.Rev.Stat. §Â§ 13-611, 13-614 was improper because the state trial court entered an order prohibiting testimony by a witness in support of a defense based on consent. The defendant had not given timely notice either of the defense or the name of the witness as required by Ariz.R.Crim.P. 15.2(b).2 The defense stated that the witness would testify that the defendant and the victim had conversed together in a bar on various occasions before the night when the rape occurred and that the victim had been attracted to the defendant.
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