California, United States of America
The following excerpt is from Kerry O., In re, 210 Cal.App.3d 326, 258 Cal.Rptr. 448 (Cal. App. 1989):
Rita contends that there was no demonstration of unavailability here. Nevertheless, "merely because evidence is admitted in violation of a long-established hearsay rule does not lead to the automatic conclusion that confrontation rights have been denied." (California v. Green, supra, 399 U.S. 149, 156, 90 S.Ct. 1930, 1934, 26 L.Ed.2d 489, 495, fn. omitted.) If the party had an adequate opportunity for cross-examination in an earlier proceeding, the confrontation clause may be satisfied even absent physical confrontation at time of trial. (People v. Brock (1985) 38 Cal.3d 180, 189, 211 Cal.Rptr. 122, 695 P.2d 209.) In the instant proceeding, there was no need to demonstrate unavailability since all counsel stipulated to use of the transcript.
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