Richardson v. State

BENTON, J.,

dissenting.'

I respectfully dissent. Shaquita Rosier’s supposed unavailability as a witness was'not a proper subject of judicial notice.1 *922That she had given birth eight days before trial was not in dispute, but that fact alone did not establish her unavailability to testify, as defense counsel maintained, in arguing in support of his objection: “She’s no longer at the hospital. She’s had the baby. And-1 don’t, with all due respect to Ms. Rosier, I don’t know why that would make her unavailable to come to testify briefly before the Court at the instance of the State or the defense.”

Th…