Does the prosecution need to notify the defense of a material witness prior to the conclusion of the preliminary hearing that the material witness will be deported?

California, United States of America


The following excerpt is from People v. Allen, C074260 (Cal. App. 2019):

distinguished. For example, in People v. Roldan (2012) 205 Cal.App.4th 969, the prosecution knew, but did not disclose to the defense or take a single precautionary step, that a material witness would be deported at the conclusion of the preliminary hearing. The prosecution did not impress on the witness the importance of staying in touch with investigators; nor did it seek a section 1332 material witness hold. Needless to say, the prosecution was well aware the material witness would be unavailable for trial and yet it sat idle.

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