Is the failure of the prosecution to produce Braithwaite sufficient to prevent a defendant from standing trial?

California, United States of America


The following excerpt is from People v. Cain, 15 Cal.App.3d 687, 93 Cal.Rptr. 388 (Cal. App. 1971):

Defendant asserts that the failure to produce Braithwaite denied him a fair trial, citing Eleazer v. Superior Court, 1 Cal.3d 847, 83 Cal.Rptr. 586, 464 P.2d 42.

The mandate of Eleazer, requiring the prosecution to take reasonable steps to produce

Page 391

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