Morgan v. Commonwealth

HALEY, Judge.

The narrow issue here for resolution is whether the trial court properly concluded that the Commonwealth exercised reasonable diligence to procure the attendance at trial of its deported witness, as a predicate supporting the trial court’s additional determination that that witness was unavailable for trial, thus permitting the admission of the earlier transcribed testimony of that witness, in accord with the principles of Crawford v. Washington, 541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004). We affirm.

STATEMENT OF FACTS

Thales Morgan, Jr. (“appellant”) was convicted by a…