In determining whether a witness was properly found unavailable, how does the court review the development of the historical facts under the substantial evidence standard?
California, United States of America
The following excerpt is from People v. Sikes, D067862 (Cal. App. 2015):
In determining whether the trial court properly found a witness unavailable we review the development of the historical facts under the substantial evidence standard of review. Once the historical facts are determined we independently decide if the witness was properly found to be unavailable. (People v. Cromer (2001) 24 Cal.4th 889, 901.)
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