United States v. Bradford, No. 14-3866 (8th Cir. 2015)
Annotate this CasePlaintiff pleaded guilty to two counts of being a felon in possession of a firearm and one count of distribution and possession with intent to distribute a mixture or substance containing PCP and marijuana. On appeal, defendant argued that the district court erred in denying his motions for a subpoena ad testificandum and a subpoena duces tecum. Because the government has not shown that petitioner clearly and unambiguously waived his right to bring this appeal, the court proceeded to the merits. The court concluded that the district court did not err in denying the motion for a subpoena ad testificandum under Federal Rules of Criminal Procedure 17 because petitioner failed to explain what additional information his father would have provided. In regards to the subpoena duces tecum, the court concluded that petitioner failed to show that a subpoena was warranted where petitioner's request was a "mere hope" that it will turn up favorable evidence. Accordingly, the court affirmed the judgment.
Court Description: Wollman, Author, with Colloton and Kelly, Circuit Judges] Criminal case - Criminal law. Government failed to show the language of the plea agreement clearly and unambiguously waived defendant's right to bring this appeal; the district court did not deny defendant his Sixth Amendment right to compulsory process and his Fifth Amendment right to due process when it refused to issue two subpoenas under Rule 17;defendant failed to establish the presence of his father was necessary and, in any event, the court accepted a proffer as to the substance of the father's proposed testimony, and defendant failed to show what additional information the father could have provided had he been present; with respect to a subpoena duces tecum for medical records, the reasons advanced for the subpoena amounted to no more than a "mere hope" the records would bear on the issue of whether someone other than defendant had shot the victim, and the court did not err in denying the request to issue the subpoena.
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