Does a court have authority to order that a witness testify in a narrative fashion in a criminal case?

California, United States of America


The following excerpt is from Hochheiser v. Superior Court, 161 Cal.App.3d 777, 208 Cal.Rptr. 273 (Cal. App. 1984):

But this "considerable latitude" does not confer authority to overturn well settled procedures of constitutional dimension by having witnesses testify outside the courtroom. Rather, it must be exercised in the context of the questioning of witnesses within the courtroom. For example, in People v. Davis, supra, 6 Cal.App. 229, 91 P. 810, it was pointed out that the court did not err in directing the prosecuting witness to testify in a narrative fashion about defendant's statements to her a few minutes before the offense.

B. Penal Code Section 288, Subdivision (c)

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