California, United States of America
The following excerpt is from People v. Foalima, C071581 (Cal. App. 2015):
That opportunity may be denied if a witness refuses to answer questions, but it is not denied if a witness cannot remember. A witness who "refuses to answer any question on direct or cross-examination denies a defendant the right to confrontation which contemplates a meaningful opportunity to cross-examine the witness. [Citations.]" (People v. Rios (1985) 163 Cal.App.3d 852, 864, fn. omitted; People v. Murillo (2014) 231 Cal.App.4th 448, 455-456 (Murillo) [witness's refusal on cross-examination to answer over 100 leading questions while the prosecutor read the witness's prior statement to police denied defendant his right of confrontation].)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.