What is the test for a witness to testify in a mental health case?

California, United States of America


The following excerpt is from People v. Diaz, B266326 (Cal. App. 2016):

Appellant relies on the standard set forth in People v. Gomez (1972) 26 Cal.App.3d 225 to argue that the illness must be so severe as to render the witness's attendance relatively impossible. "Later cases, however, have refined the concept of relative impossibility as expressed in People v. Gomez, supra, 26 Cal.App.3d 225. . . . 'In the context of mental illness or infirmity, the phrase "relatively impossible" to testify does not mean it is impossible to elicit the testimony due to insanity or coma or other total inability to communicate. Rather, the phrase includes the relative impossibility of

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