Does a defendant have a fundamental right to recall witnesses at a superior court hearing?

California, United States of America


The following excerpt is from People v. Hansel, 1 Cal.4th 1211, 4 Cal.Rptr.2d 888, 824 P.2d 694 (Cal. 1992):

In contrast, the prosecution's statutory right to recall witnesses does not prevent defendants from either acquiring or presenting any evidence they may need to defend themselves effectively. Defendants may still receive a full and fair hearing on the admissibility of the evidence. There is nothing fundamentally unfair in failing to permit the defendant the same right to recall witnesses at the superior court hearing as is given the prosecution. (See Whitman v. Superior Court (1991) 54 Cal.3d 1063, 1082, 2 Cal.Rptr.2d 160, 820 P.2d 262, holding that a limited exception to the general hearsay exclusionary rule favoring the prosecution was not fundamentally unfair to the defense.) Defendants' mere mechanical repetition of the word "reciprocity" is not enough to show that their right to a fair hearing would be violated. 8

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