What factors will a court consider when determining whether a military witness is unavailable?

California, United States of America


The following excerpt is from People v. Moore, D066952 (Cal. App. 2016):

Other factors bear on whether a witness is unavailable. Where the absence of the witness results from illness, a court should also consider the nature of the illness and the probable duration of the illness. (United States v. Faison (3d Cir. 1982) 679 F.2d 292, 297.) Securing the presence of a military witness turns on "the effect that a military witness's absence will have on his or her unit and whether that absence will adversely affect the accomplishment of an important military mission or cause manifest injury to the service." (U.S. v. Jones (N-M. C.M.R. 1985) 20 M.J. 919, 926.)

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