6-18-08 (A-120-06)
The trial court abused its discretion in not granting an adjournment to enforce the order to produce the defense witness
from a prison. The Court remands the matter to the trial court for a hearing at which defendant will be given the opportunity
to call the witness. At that hearing, if the witness gives testimony that would have been favorable to defendant at his
trial, then defendant will have shown that his constitutional right to compulsory process was violated. In that case, the
trial court must vacate defendant’s convictions and order a new trial.
