would occur nor a threat of prosecution for perjury. And, unlike in Webb, Mrs. Jaeger was not lectured on any specific consequences that might flow from her testimony. Additionally, the court expressly allowed defense counsel to explore any a (8th Cir.1998) (concluding that, although the conduct of the government and the district court in contacting the public defender and adjourning the proceedings to permit a witness, over her “unequivocal objection,” to consult a lawyer before testifying came close to overreaching, there was no error in the court’s warning of the consequences of perjury and the witness’ decision to not testify was on advice of counsel and not because of the actions of the judge or prosecutor); United States v. Santiago-Becerril, 130 F.3d 11, 24-26 (1st Cir.1997) (<HOLDING>). In sum, the district court carefully walked a
holding that testimonial hearsay statements of a witness who does not appear at trial are inadmissible under the confrontation clause of the sixth amendment unless the witness is unavailable to testify and the defendant has had a prior opportunity to crossexamine the witness holding that the trial courts admonition of a witness even though detailed and strongly stated did not coerce the witness because the court did not threaten or badger the witness and the court provided the witness with her own counsel to ensure that the decision was voluntary holding that the defendants due process rights were violated when the trial judge singled out the only defense witness and indicated to that witness that he expected the witness to he and would personally ensure that the witness was prosecuted for perjury and thereby effectively drove that witness off the stand holding that in order to state a claim for ineffective assistance of counsel based on the failure to call a witness to testify the claimant must allege 1 the identity of the potential witness 2 that the witness was available to testify at trial 3 the substance of the witnesss testimony and 4 an explanation of how the omission of the testimony prejudiced the case holding that promises made by the prosecution to a witness in exchange for that witness testimony relate directly to the credibility of the witness