Feaster v. United States

ROGERS, Chief Judge:

Appellant Michael A. Feaster appeals from his convictions by a jury of sexual offenses on the grounds that his Sixth Amendment right to present a defense was violated when the trial judge excluded from the defense case a transcript of the grand jury testimony of Oscar Mitchell. We hold that the judge will have abused his discretion in excluding the grand jury transcript unless accompanied by a finding that the witness was not shown to be unavailable to testify at trial. Accordingly, we remand the record to the trial court to make a finding regarding unavailability.…