State v. Eighth Judicial Dist. Court of Nev.

By the Court, STIGLICH, J.:

At issue in this petition is a defendant's Sixth Amendment right to confront a witness who testifies against him. In Chavez v. State, we held that when a witness testifies against a defendant at a preliminary hearing but subsequently becomes unavailable to testify at trial, the witness's prior testimony is admissible at trial so long as the defendant had "an adequate opportunity" to cross-examine the witness at the preliminary hearing. 125 Nev. 328, 337, 213 P.3d 476, 482 (2009). The question presented in this petition is whether a defendant had "an adequate…