CompFox AI Summary
The defendant sought to remove an order requiring the widow's sister, a foreign national, to be present for cross-examination to admit her statement. The Appeals Board denied removal, acknowledging the sister's unavailability for subpoena but emphasizing the judge's discretion regarding the statement's admissibility and weight. The defendant failed to demonstrate irreparable harm, so the case returns to the trial level for further proceedings.
Full Decision Text1 Pages
The defendant sought to remove an order requiring the widow's sister, a foreign national, to be present for cross-examination to admit her statement. The Appeals Board denied removal, acknowledging the sister's unavailability for subpoena but emphasizing the judge's discretion regarding the statement's admissibility and weight. The defendant failed to demonstrate irreparable harm, so the case returns to the trial level for further proceedings.
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