Legal Opinion

Commonwealth v. Banks

Superior Court of Pennsylvania

Decided April 1, 2008No. 1075 WDA 2007PublishedCited by 2 opinions

1Opinion of the Court

Opinion by

GANTMAN, J.:

¶ 1 Appellant, Gary Banks, appeals from the judgment of sentence entered in the Fayette County Court of Common Pleas, after a jury convicted him of aggravated assault 1 and simple assault. 2 Appellant asks us to determine whether the trial court abridged Appellant’s “absolute” constitutional right to compel the attendance at trial of his four proposed inmate-witnesses. We hold under both federal and state law, the trial court generally has discretion on motions to secure witnesses and properly exercised its discretion in this case to deny transport orders for Appellant’s…

2Cases cited7 opinions

  1. United States v. Valenzuela-BernalSupreme Court of the United States · 1982
  2. Commonwealth v. HuntSuperior Court of Pennsylvania · 2004
  3. Com. v. JonesSupreme Court of Pennsylvania · 2005
  4. Commonwealth v. SullivanSupreme Court of Pennsylvania · 1979
  5. Commonwealth v. LahoudSupreme Court of Pennsylvania · 1985

2 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Com. v. Burton, S.Superior Court of Pennsylvania · 2019
  2. Com. v. Merceir, R.Superior Court of Pennsylvania · 2020

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