Superior Court 4/1/08 - COMMONWEALTH OF PENNSYLVANIA v. GARY BANKS

COMMONWEALTH OF PENNSYLVANIA v. GARY BANKS
No. 1075 WDA 2007 2008 PA Super 57 Atlantic: n/a Filed: 4/1/2008
Appeal from the Judgment of Sentence May 11, 2007In the Court of Common Pleas of Fayette CountyCriminal, No. 741 of 2006
Before: BENDER, GANTMAN, AND TAMILIA, JJ.
Opinion by: GANTMAN, J.
Appellant, Gary Banks, appeals from the judgment of sentence entered in the Fayette County Court of Common Pleas, after a jury convicted him of aggravated assault and simple assault. Appellant asks us to determine whether the trial court abridged Appellant’s “absolute” constitutional right to compel the attendance at trial of his four proposed inmate-witnesses. We hold under both federal and state law, the trial court generally has discretion on motions to secure witnesses and properly exercised its discretion in this case to deny transport orders for Appellant’s proposed inmate-witnesses, absent a plausible showing the witnesses would provide material testimony favorable to Appellant’s defense. Accordingly, we affirm.