Can a defendant's counsel have an opportunity to cross-examine the testimony of a Spanish-speaking prosecution witness at a preliminary hearing?

California, United States of America


The following excerpt is from People v. Brock, 151 Cal.App.3d 757, 199 Cal.Rptr. 115 (Cal. App. 1984):

In People v. Johnson, supra, 46 Cal.App.3d 701, 120 Cal.Rptr. 372, admission of preliminary hearing testimony constituted reversible error where the trial court refused to first conduct a hearing into the competence of the interpretor who translated the testimony of a Spanish-speaking prosecution witness during the former hearing. As the defendant's attorney in that hearing was not fluent in Spanish and the trial court barred subsequent attack upon the competence of the interpretor, the reviewing court could not determine from the record whether defendant's counsel had had "a meaningful opportunity of cross-examination at the earlier proceeding." (Id., at p. 704, 120 Cal.Rptr. 372.)

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