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U.S. v. Torrez-Ortega, No. 97-8094 (10th Cir.) (184 F.3d 1128) (July 1, 1999) (Judge Carlos Lucero)

here the Court held that a witness who asserts an illegitimate claim of privilege and refuses to answer questions at trial is not sufficiently "available" for cross-examination to satisfy the requirements of the Confrontation Clause.

The Court held that if a witness refuses to answer questions, the district court must ...

 

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