What is the test for a defendant's right to confront the prosecution?
California, United States of America
The following excerpt is from People v. Bangham, H038975 (Cal. App. 2015):
p. 310, fn. 6 [quoting Brown v. Allen (1953) 344 U.S. 443, 506].) The reviewing court then applies "an objective, constitutionally based legal test to the historical facts" as found by the trial court to independently review whether "the prosecution's failed efforts to locate an absent witness are sufficient to justify an exception to the defendant's constitutionally guaranteed right of confrontation at trial." (Cromer, supra, at p. 901.)
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