Can a witness refuse to answer any questions on cross-examination?

California, United States of America


The following excerpt is from People v. Foalima, C071581 (Cal. App. 2015):

That opportunity may be denied if a witness refuses to answer questions, but it is not denied if a witness cannot remember. A witness who "refuses to answer any question on direct or cross-examination denies a defendant the right to confrontation which contemplates a meaningful opportunity to cross-examine the witness. [Citations.]" (People v. Rios (1985) 163 Cal.App.3d 852, 864, fn. omitted; People v. Murillo (2014) 231 Cal.App.4th 448, 455-456 (Murillo) [witness's refusal on cross-examination to answer over 100 leading questions while the prosecutor read the witness's prior statement to police denied defendant his right of confrontation].)

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