What is the burden of establishing constitutionally adequate diligence in its attempts to procure J. at trial?

California, United States of America


The following excerpt is from People v. Garza, F074950 (Cal. App. 2019):

Following our independent review, we conclude the prosecution bore its burden of establishing constitutionally adequate diligence in its attempts to procure J.'s attendance at trial. "Defendant's contention that the People should have done more . . . is irrelevant to our analysis. 'That additional efforts might have been made or other lines of inquiry pursued does not affect [our] conclusion. . . . It is enough that the People used reasonable efforts to locate the witness.' [Citations.]" (People v. Wise, supra, 25 Cal.App.4th at

Page 11

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