Does admitting evidence pursuant to California Evidence Code section 1237 impermissibly deny defendants their constitutional rights to confrontation and cross-examination?
California, United States of America
The following excerpt is from People v. Cummings, 18 Cal.Rptr.2d 796, 4 Cal.4th 1233, 850 P.2d 1 (Cal. 1993):
32 Admission of evidence pursuant to Evidence Code section 1237 does not impermissibly deny defendants their federal Sixth Amendment or state article I, section 15 constitutional rights to confrontation and cross-examination if the record of the witness's past statement is properly authenticated and the statutorily required foundation for admission is laid. (People v. Simmons (1981) 123 Cal.App.3d 677, 682, 177 Cal.Rptr. 17.)
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