While the “right to confrontation may be violated if the trial court precludesan entire relevant area of cross-examination[,]”
Parker v. Scott
, 394 F.3d1302, 1316 (10 Cir. 2005), the presentation of evidence nevertheless
“must comply with established rules of evidence and procedure,”
United States v. Solomon
, 399 F.3d 1231, 1239 (10 Cir. 2005). The Sixth
Amendment does not guarantee “cross-examination that is effective inwhatever way and to whatever extent, the defendant might wish.”
Delaware v. Van Arsdall,
475 U.S. 673, 679 106 S.Ct. 1431, 80 L.Ed.2d674 (1986). In sum, “a criminal defendant states a violation of theConfrontation clause by showing that he was prohibited from engaging in
”otherwise appropriate cross-examination
designed to show a prototypicalform of bias on the part of the witness, and thereby “to expose to the jurythe facts from which jurors could appropriately draw inferences relating tothe reliability of the witness.”
United States v. Turner
, 553 F.3d 1337, 1349 (10 Cir. 2009)
Rule 608, Fed.R.Crim.P.
Impeachment with specific acts of misconduct is governed by the provisions of Rule 608, Fed.R.Evid., which provides in pertinent part:(B) Specific instances of conduct. Specific instances of conduct of a witness, for the purpose of attacking or supporting the witness’ character for truthfulness, other thanconviction of crime as provided in rule 609, may not beproved by extrinsic evidence. They may, however, in thediscretion of the court, if probative of truthfulness or untruthfulness, be inquired into on cross-examination of thewitness (1) concerning the witness’ character for truthfulnessor untruthfulness, or (2) concerning the character for truthfulness or untruthfulness of another witness as to whichcharacter the witness being cross-examined has testified.
In this case, the defendants have filed motions for disclosure of the governmentwitnesses’ substance abuse history and current drug use, their criminal historiesincluding arrests and charges filed, and any pending warrants. Clearly, the defendantsseek information relating to prior bad acts and the government requests that the