State v. Weaver

“[T]hreats against witnesses are intolerable. Substantial government interference with a defense witness’ free and unhampered choice to testify violates due process rights of the defendant.” United States v. Goodwin, 625 F2d 693, 703 (5th Cir 1980).

Defendant appealed a conviction for several criminal charges including murder. Defendant assigned error to the lower court for affirming the convictions on appeal. On appeal, Defendant argued that the state violated his federal and state compulsory process rights and that the trial court incorrectly applied OEC 513, therefore, mistakenly excluding a witness and his plea agreement from trial because the plea agreement was unlawful in denying him the chance to present exculpatory evidence. In response, the State argued that the aforementioned right was not preserved and that, had it been preserved, the plea was properly excluded. “[T]hreats against witnesses are intolerable. Substantial government interference with a defense witness’ free and unhampered choice to testify violates due process rights of the defendant.” United States v. Goodwin, 625 F2d 693, 703 (5th Cir 1980). The Court determined that Defendant’s right was properly preserved because he raised the issue before trial and during trial. The Court found that the State’s plea agreement hindered with Defendant’s right to acquire the witness’s testimony. Both the trial and appellate courts erred in excluding the plea agreement from the record. The decision of the Court of Appeals is reversed. The judgment of the circuit court is reversed, and the case is remanded to the circuit court for further proceedings.