Does the confrontation clause in the Sixth Amendment apply to Preliminary Hearing testimony?

California, United States of America


The following excerpt is from People v. Islas, F060387, Super. Ct. No. MF50355 (Cal. App. 2011):

B. Admission of Preliminary Hearing Testimony The confrontation clause of the Sixth Amendment to the United States Constitution guarantees the right of a criminal defendant to confront and cross-examine witnesses who testify against that defendant. (Crawford v. Washington, supra, 541 U.S. at p. 42.) It allows admission of testimonial statements of a witness unavailable at trial "only where the defendant has had a prior opportunity to cross-examine." (Id. at p. 59,

Page 8

Other Questions


Does the Sixth Amendment's right of confrontation apply to probation violation hearings? (California, United States of America)
Is the vicinage clause of the Sixth Amendment incorporated by the Fourteenth Amendment to apply in a state criminal trial? (California, United States of America)
Does the confrontation clause in the Sixth Amendment apply? (California, United States of America)
Does the absence of a witness from the jurisdiction of a preliminary hearing preclude a defendant from giving evidence at trial of his preliminary hearing testimony? (California, United States of America)
Can a preliminary hearing be held on the basis that the prosecution attorney did not raise any relevant issues at the preliminary hearing? (California, United States of America)
What rights of confrontation and confrontation under the Sixth Amendment? (California, United States of America)
Does the confrontation clause apply to a testimony made by a declarant who does not appear for cross-examination? (California, United States of America)
If a defendant's request for reappointment of counsel for a preliminary hearing was rejected immediately before the preliminary hearing commenced, is such error harmless even under the beyond-the-reasonable doubt standard? (California, United States of America)
Does the Sixth Amendment right of confrontation apply at the sentencing stage of a criminal prosecution? (California, United States of America)
What is the test for reasonableness in the Fourth Amendment and how does the equal protection clause in the Fourteenth Amendment apply? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.