Does a defendant have a fundamental right under the Sixth Amendment to confront witnesses at trial?
California, United States of America
The following excerpt is from People v. Shane, 115 Cal.App.4th 196, 8 Cal.Rptr.3d 753 (Cal. App. 2004):
(People v. Cromer, supra, 24 Cal.4th 889, 103 Cal.Rptr.2d 23, 15 P.3d 243.) The defendant there argued his fundamental constitutional right under the Sixth Amendment to confront witnesses had been violated when the trial court admitted the prior testimony of an unavailable witness. The defendant argued the prosecution failed to exercise due diligence to secure the witness's presence at trial.
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