Is a witness who fakes a lack of memory available for cross-examining a defendant's cross-examination?

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.)

Other Questions


Does a witness who disowns his out-of-court identification have an opportunity to question the witness on the witness stand? (California, United States of America)
Does Defendant have a valid claim to be able to claim damages from a defendant who has been found guilty of a similar claim against the Defendant? (California, United States of America)
Is there any case law supporting a defendant's contention that the trial court violated his constitutional right to confront witnesses in the witness box? (California, United States of America)
Does defendant's absence from the introductory hearing on the issue of prosecution witness Darlington affect his opportunity to defend against the charges? (California, United States of America)
Can a witness be admitted as a witness at a preliminary hearing where the witness is in a state hospital? (California, United States of America)
Is it relevant and proper for a police officer to testify that he witnessed a witness identify a defendant in a lineup? (California, United States of America)
Can a defendant cross-examine the testimony of a witness who has never been called as a witness? (California, United States of America)
Can a judge who is a defendant in a civil matter refuse to testify as a witness or witness? (California, United States of America)
Is cross-examination permitted to delve into the witness's story to test the witness' memory? (California, United States of America)
In what circumstances will a defendant be permitted to confront a witness in the witness box? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.