Legal Opinion
People v. Sandoval
California Court of Appeal
Decided March 28, 2001No. C030917PublishedCited by 14 opinions
1Opinion of the Court
Opinion
NICHOLSON, J.
When a witness who testified at the preliminary hearing is unavailable to testify at trial, it is statutorily and constitutionally acceptable for the former testimony to be used at trial. (See Evid. Code, § 1291; Ohio v. Roberts (1980) 448 U.S. 56 [100 S.Ct. 2531, 65 L.Ed.2d 597].) This case presents the question whether the prosecution, to establish the unavailability of a crucial witness who is a Mexican citizen currently residing in Mexico, must show it made a reasonable, good faith effort to obtain the attendance of the witness at trial. We conclude the defendants’…
2Cases cited13 opinions
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- Ohio v. RobertsSupreme Court of the United States · 1980
- Barber v. PageSupreme Court of the United States · 1968
- Maryland v. CraigSupreme Court of the United States · 1990
- Lilly v. VirginiaSupreme Court of the United States · 1999
8 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- People v. SmithCalifornia Supreme Court · 2003
- People v. SánchezCalifornia Supreme Court · 2016
- People v. HerreraCalifornia Supreme Court · 2010
- State v. MontanoArizona Supreme Court · 2003
- People v. HollinquestCalifornia Court of Appeal · 2010
9 more not listed; retrieve them via the Exa API.