What is the effect of the Statement of Claimant to the Court of Appeal's "Harendance" clause on a witness?
MultiRegion, United States of America
The following excerpt is from U.S. v. Arbelaez, 719 F.2d 1453 (9th Cir. 1983):
The second aspect operates once a witness is shown to be unavailable. Reflecting its underlying purpose to augment accuracy in the fact-finding process by ensuring the defendant an effective means to test adverse evidence, the clause countenances only hearsay marked with such trustworthiness that "there is no material departure from the reason of the general rule."
Id. at 660-61, quoting Ohio v. Roberts, 448 U.S. 56, 65, 100 S.Ct. 2531, 2538, 65 L.Ed.2d 597 (1980).
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