If a witness has been struck off by the court, what is the standard applicable to whether the witness is legally unavailable?
California, United States of America
The following excerpt is from People v. Alvarez, G053600 (Cal. App. 2018):
If the court's refusal to strike a witness's testimony presents an issue of federal constitutional error, we utilize independent review in analyzing the question. (People v. Cromer (2001) 24 Cal.4th 889, 901-902 [independent review, not abuse of discretion, standard applicable to whether witness was legally unavailable].)
c. Analysis
"The most advanced legal research software ever built."
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.
Other Questions
In determining whether a witness was properly found unavailable, how does the court review the development of the historical facts under the substantial evidence standard? (California, United States of America)
What is the test for determining whether a witness was legally unavailable? (California, United States of America)
In what circumstances will the Court consider whether there is sufficient evidence to support a motion to dismiss an application for relief from the Court of Appeal? (California, United States of America)
What is the legal test for admitting an out of court interview where a deceased witness has given evidence that he was not competent to be a witness? (California, United States of America)
Can statements of an unavailable witness be introduced as prior inconsistent statements of the unavailable witness? (California, United States of America)
Whether a court's ruling is based on oral testimony or written declarations, when conflicting inferences can reasonably be drawn from the facts, can the appellate court defer to the trial court's factual determinations? (California, United States of America)
What is the test for determining whether the trial court applied the correct legal standard? (California, United States of America)
Does a witness who disowns his out-of-court identification have an opportunity to question the witness on the witness stand? (California, United States of America)
What is the legal test for admitting an out of court interview where a deceased witness has given evidence that he was not competent to be a witness? (California, United States of America)
What is the applicable standard of review to determine whether sufficient evidence supports the findings of a juvenile court? (California, United States of America)
