| dbo:abstract
|
- United States v. Valenzuela-Bernal, 458 U.S. 858 (1982), is a United States Supreme Court case that determined the constitutionality of deporting aliens who might give testimony in criminal alien smuggling prosecutions. Because deporting alien witnesses might take away a testimony that would be both “material and favorable” to the defendant, it gives rise to a potential motion from the defense to dismiss the indictment under the Compulsory Process Clause of the Sixth Amendment and the Due Process Clause of the Fifth Amendment. The Supreme Court held that because the defendant failed to make a “plausible suggestion that the deported aliens possessed any material evidence that was not merely cumulative of other evidence,” the District Court properly denied the respondent's motion to dismiss the indictment. (en)
|
| dbo:wikiPageExternalLink
| |
| dbo:wikiPageID
| |
| dbo:wikiPageLength
|
- 15793 (xsd:nonNegativeInteger)
|
| dbo:wikiPageRevisionID
| |
| dbo:wikiPageWikiLink
| |
| dbp:arguedate
|
- 0001-04-20 (xsd:gMonthDay)
|
| dbp:argueyear
| |
| dbp:case
|
- United States v. Valenzuela-Bernal, (en)
|
| dbp:concurrence
|
- O'Connor (en)
- Blackmun (en)
|
| dbp:courtlistener
| |
| dbp:decidedate
|
- 0001-07-02 (xsd:gMonthDay)
|
| dbp:decideyear
| |
| dbp:dissent
| |
| dbp:findlaw
| |
| dbp:fullname
|
- United States v. Valenzuela-Bernal (en)
|
| dbp:googlescholar
| |
| dbp:holding
|
- Respondent cannot establish a violation of the Sixth Amendment, which guarantees a criminal defendant the right to compulsory process for obtaining witnesses "in his favor," merely by showing that deportation of the aliens deprived him of their testimony, nor can he establish a Fifth Amendment violation for lack of due process, as an absence of fairness is not made out by the Government's deportation of the witnesses here unless there is some explanation of how their testimony would have been favorable and material. (en)
|
| dbp:joindissent
| |
| dbp:joinmajority
|
- Burger, White, Powell, Stevens (en)
|
| dbp:justia
| |
| dbp:lawsapplied
| |
| dbp:litigants
|
- United States v. Valenzuela-Bernal (en)
|
| dbp:loc
| |
| dbp:majority
| |
| dbp:oyez
| |
| dbp:parallelcitations
| |
| dbp:prior
| |
| dbp:uspage
| |
| dbp:usvol
| |
| dbp:wikiPageUsesTemplate
| |
| dcterms:subject
| |
| rdf:type
| |
| rdfs:comment
|
- United States v. Valenzuela-Bernal, 458 U.S. 858 (1982), is a United States Supreme Court case that determined the constitutionality of deporting aliens who might give testimony in criminal alien smuggling prosecutions. Because deporting alien witnesses might take away a testimony that would be both “material and favorable” to the defendant, it gives rise to a potential motion from the defense to dismiss the indictment under the Compulsory Process Clause of the Sixth Amendment and the Due Process Clause of the Fifth Amendment. (en)
|
| rdfs:label
|
- United States v. Valenzuela-Bernal (en)
|
| owl:sameAs
| |
| prov:wasDerivedFrom
| |
| foaf:isPrimaryTopicOf
| |
| foaf:name
|
- (en)
- United States v. Valenzuela-Bernal (en)
|
| is dbo:wikiPageRedirects
of | |
| is dbo:wikiPageWikiLink
of | |
| is foaf:primaryTopic
of | |
