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Name: People v. Wiege
Case #: B178654
Court: CA Court of Appeal
District 2 DCA
Division: 3
Opinion Date: 11/04/2005

A trial court did not violate the defendant’s Sixth Amendment right to testify or his right to a fair trial when it required that the defendant either testify as the first witness for the defense, or forego his right to testify at all. The court’s ruling, which resulted from time factors and a missing defense witness, clearly left open the possibility that the court would reconsider the matter, but defense counsel did not attempt to call the defendant as a witness the following day. Thus there was no violation of Brooks v. Tennessee (1972) 406 U.S. 605.