when-the-due-process-clause-requires-vacatur-of-a-criminal-conviction-based-on-the-government's-refusal-to-seek-immunity-for-a-defense-witness

QUESTION PRESENTED The Fifth and Sixth Amendments provide the criminally accused with the right to call witnesses and present a defense. In defending against murder and other serious charges, petitioner sought to call a witness who would have exonerated petitioner and inculpated himself. The witness, however, declined to testify by invoking his Fifth Amendment right against compelled self-incrimination. Petitioner asked the government to immunize the witness under 18 U.S.C. — § 6003. But the government refused, even though it had immunized many of its own witnesses against petitioner. Without hearing from the exculpatory wit: ness, the jury found petitioner guilty, and he was sentenced to life in prison. , Had petitioner been tried within the Ninth Circuit, his conviction would have been vacated. But because he was tried within the Second Circuit, his conviction was affirmed. The question presented is: sere ce es a. ote When, if ever, the Due Process Clause of the-Fifth woe ote wee ne Amendment requires vacatur of a criminal conviction based on the government’s refusal to seek immunity for a defense witness under 18 U.S.C. § 6003. 6) . . _ «