What is the burden of proving a witness's availability?
California, United States of America
The following excerpt is from People v. Pink, F070488 (Cal. App. 2017):
The proponent of such evidence bears the burden of establishing (1) the declarant's unavailability; (2) that the declaration was against the declarant's penal interest when made; and (3) that the declaration was sufficiently reliable to warrant admission. (Grimes, supra, 1 Cal.5th at p. 711.) Witness unavailability must be shown with "competent evidence." (People v. Stritzinger (1983) 34 Cal.3d 505, 516.)
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