The following excerpt is from Regalado v. Tampkins, CASE NO. 1:14-CV-1612 SMS (E.D. Cal. 2015):
"[T]he prosecution may introduce the prior testimony of a witness without running afoul of the Sixth Amendment, as long as two criteria are met: 'First, the prosecutor must prove that the witness is unavailable to testify at trial. Second, the defendant must have had the opportunity to cross-examine the witness at the prior hearing.'" Jackson v. Brown, 513 F.3d 1057, 1082 (9th Cir.
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