Does the confrontation clause apply to a witness who is unable to recall their previous statements?

California, United States of America


The following excerpt is from People v. Ruiz, 2d Crim. No. B291732 (Cal. App. 2020):

at p. 468; see also People v. Rodriguez (2014) 58 Cal.4th 587, 632 ["Hall's claim of total lack of recall limited defendant's ability to cross-examine her about her prior statements. But this circumstance does not implicate the confrontation clause"].)

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