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Home / Opinion Digests / Criminal Law / Retrial Ordered for Wrong Info on Witness Testimony (access required)

Retrial Ordered for Wrong Info on Witness Testimony (access required)

In this first-impression case, a Fairfax Circuit Court sets aside a guilty verdict of attempted robbery and orders a new trial based on a post-trial discovery that a subpoenaed defense witness, who would have provided material exculpatory evidence, asserted his Fifth Amendment privilege based on inaccurate information unintentionally conveyed to him by counsel. It is undisputed ...

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