Is there any case law where a witness refused to testify at trial for medical reasons?

California, United States of America


The following excerpt is from People v. Sul, 122 Cal.App.3d 355, 175 Cal.Rptr. 893 (Cal. App. 1981):

In State v. Thomas (1973) 110 Ariz. 120, 515 P.2d 865, the witness was apparently hospitalized at the time of the trial. The court examined him and concluded that "it is obvious that the man is incapable of testifying" which finding was amply supported by excerpts from the witness' testimony. (Id., 515 P.2d at p. 870.)

In United States v. Brasco (S.D.N.Y. 1974) 385 F.Supp. 964, a witness refused to testify for reasons which appeared on the record in camera but not divulged in the written opinion. He was adjudged in civil contempt on Thursday, June 27, 1974, and given until Monday, July 1 to either purge himself of contempt or to show cause why he should not be found guilty of criminal

Page 899

Other Questions


When a witness at the preliminary hearing is unable to testify at trial, can the former witness be used at trial? (California, United States of America)
Is there any case law where a jury has concluded that a witness has a reasonable chance of proving that the witness is a reasonable witness? (California, United States of America)
Can a defendant who does not have a written waiver allowing him to attend the criminal trial of a witness be present at the trial of the witness? (California, United States of America)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
Does a defendant have to testify during the trial of a convicted murderer who was prescribed an anti-anxiety medication while still under the effects of his medication? (California, United States of America)
Is a prosecutor's comment to the jury that a defendant who refused to testify at trial about his failure to testify prejudicial error harmless? (California, United States of America)
What are the principles of a motion for a new trial where a witness in a murder trial later dies before the trial has even begun? (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 there any case law where a trial court improperly excluded a witness from testifying because the witness name was not disclosed during discovery? (California, United States of America)
In a personal injury action, does plaintiff have to disclose in his witness exchange list or, in response to a request at a deposition, the substance of the facts and opinions to which the witness will testify at trial? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.