In what circumstances will the prosecutor's staff be required to produce a witness under the Uniform Act for the second time?

California, United States of America


The following excerpt is from People v. Faircloth, D069509 (Cal. App. 2017):

After Faircloth's first trial ended on August 6, it took about three weeks before the prosecutor's staff realized that additional efforts would be required to produce Santiesteban as a witness, because he had left town without leaving a forwarding address. Although they found a Boca Raton address for him by mid-September, the record does not show that Santiesteban was living there or could be reached there. Even though that address had been previously associated with him, no Florida phone number for him or apparently for his contacts could be found. After becoming aware there was a problem, two prosecution staff members over several weeks searched numerous law enforcement databases and several other public sources of information, but without success. The court could reasonably conclude that not enough knowledge had been gained to require the prosecutor to pursue the Uniform Act's procedures. (See People v. Masters, supra, 134 Cal.App.3d 509, 525-526.)

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