What is the standard for independent review in criminal cases?
California, United States of America
The following excerpt is from People v. Reyna, G054426 (Cal. App. 2018):
We independently review whether a witness was unavailable to testify at trial. (People v. Foy (2016) 245 Cal.App.4th 328, 339 (Foy).) Under this standard, a reviewing court defers to the trial court as to factual findings, to the extent that the findings are supported by substantial evidence, but "'independently review[s] whether the facts demonstrate prosecutorial good faith and due diligence.' [Citation.]" (Ibid.)
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