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Source Custodial Interrogation Complete Criminal Procedure List Matched to this deck.

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0 tracked cards Criminal Law and Procedure

A defendant charged with assault wants to call an eyewitness who would testify that someone else threw the punch. The trial judge excludes the witness solely because the defense disclosed the witness one day late, without considering a continuance or other lesser remedy.
Which statement best describes the defendant's constitutional argument?

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Excluding the witness may violate the defendant's right to compulsory process and to present a defense if the testimony is material and favorable and exclusion is arbitrary or disproportionate. Excluding the witness is valid only if the jury has already reached a verdict. Excluding the witness is always reversible error, even if the testimony is irrelevant. Excluding the witness is always constitutional because evidentiary rules can never implicate the Sixth Amendment.

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