Can a defendant argue there can be no constitutionally effective cross-examination when the witness cannot recall the facts related in his own hearsay statement?

California, United States of America


The following excerpt is from People v. Schenck, B280573 (Cal. App. 2018):

To the extent defendant argues there can be no constitutionally effective cross-examination when the witness cannot recall the facts related in his own hearsay statement, that contention also lacks merit. (See People v. Cowan (2010) 50 Cal.4th 401, 468 [" 'when a hearsay declarant is present at trial and subject to unrestricted cross-examination,' 'the traditional protections of the oath, cross-examination, and opportunity for the jury to observe the witness'[s] demeanor satisfy the constitutional requirements' notwithstanding the witness's claimed memory loss about the facts related in the hearsay statement" (alteration in Cowan)].)

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