California, United States of America
The following excerpt is from People v. Bustillos, G044598 (Cal. App. 2012):
"Crawford v. Washington . . . held that the right to confrontation precludes the admission of extrajudicial testimonial statements of witnesses who are not available at trial except where the defendant had an opportunity to cross-examine them on a prior occasion. [Citation]" (Gunder, supra, 151 Cal.App.4th at p. 419, fn. omitted.) Generally "a witness with genuine memory loss is considered available for a defendant's cross-examination. [Citation.]" (Ibid.) Gunder came to the same conclusion with regard to "a witness who appears at trial but feigns a lack of memory . . . ." (Gunder, supra, 151 Cal.App.4th at pp. 419-429.)
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