What is the test for admitting a transcript of a witness's preliminary hearing testimony?

California, United States of America


The following excerpt is from People v. Summers, A144345 (Cal. App. 2016):

On the other hand, to satisfy due process for the admission of testimonial hearsay evidence, a showing of "good cause" to excuse the live testimony is required. (People v. Winson (1981) 29 Cal.3d 711, 713-714 [admission of transcript of witness's preliminary hearing testimony at a revocation hearing required showing of unavailability or other good cause]; Arreola, supra, 7 Cal.4th at pp. 1155-1156 [admission of transcript of witness's preliminary hearing testimony required showing of good cause].) Good cause may be demonstrated by a showing that the declarant is unavailable, the declarant can be brought to the hearing only through great difficulty or expense, or the declarant's presence would pose a risk of harm to the declarant. (Id. at pp. 1159-1160.)

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