In assessing the prosecution's reasonable diligence in locating a missing witness so that it can use that witness's preliminary hearing testimony, does the prosecution need to conduct a "twofold inquiry"?
California, United States of America
The following excerpt is from People v. Winkler, D067975 (Cal. App. 2016):
In assessing the prosecution's reasonable diligence in locating a missing witness so as to use that witness's preliminary hearing testimony, we conduct a "twofold inquiry." (People v. Cromer, supra, 24 Cal.4th at p. 900.) We first determine the historical facts: "a detailed account of the prosecution's failed efforts to locate the absent witness." (Ibid.)
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