Is a defendant entitled to cross-examination of a prosecution witness?

California, United States of America


The following excerpt is from People v. Grant, D073895 (Cal. App. 2019):

A criminal defendant has a constitutional right to confront prosecution witnesses, but the right is not absolute. (People v. Cromer (2001) 24 Cal.4th 889, 892 (Cromer).) "An exception exists when a witness is unavailable and, at a previous court proceeding against the same defendant, has given testimony that was subject to cross-examination." (Ibid.) A witness who is absent from a trial is not constitutionally "unavailable" unless the prosecution has made a reasonable, " 'good faith effort' " to obtain the witness's presence at the trial. (People v. Herrera (2010) 49 Cal.4th 613, 622 (Herrera); Evid. Code, 240, subd. (a)(5).)

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