What is the current state of the law on how to evaluate former testimony?
California, United States of America
The following excerpt is from People v. Hayes, C077151 (Cal. App. 2017):
14. Defendant notes that later pattern instructions seem to continue this alleged problem. A CALJIC amendment stated former testimony should be evaluated in the "same light" as live testimony (see People v. Wharton (1991) 53 Cal.3d 522, 599, fn. 21), and CALCRIM No. 317 states it should be evaluated "by the same standards" that are applied to a live witness. Defendant cites no cases faulting these instructions.
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