Is a prosecutor required to monitor every material witness in a criminal case?
California, United States of America
The following excerpt is from People v. Fellows, B280629 (Cal. App. 2018):
Generally, a prosecutor is not required " ' "to keep 'periodic tabs' on every material witness in a criminal case." ' " (People v. Friend, supra, 47 Cal.4th at p. 68.) However, when there is knowledge of a substantial risk that an important witness will flee, the prosecutor should take adequate preventative measures to stop the witness from disappearing. (Ibid.)
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