People v. Tennant

Under proper circumstances prior recorded testimony can be admitted against a criminal defendant without violating the confrontation clause of the sixth amendment; this is not such a case. I do not read California v. Green (1970), 399 U.S. 149, or Barber v. Page (1968), 390 U.S. 719, cited by the majority as support for an absolute rule of admissibility allowing the use of preliminary-hearing testimony any time a witness is unavailable and an opportunity to cross-examine was presented at the preliminary hearing. In addition, neither oase deals with the type of due process problem that arises…