California, United States of America
The following excerpt is from The People v. Herrera, B214441, No. MA040082 (Cal. App. 2011):
The legal framework is well established. "'A defendant has a constitutional right to confront witnesses, but this right is not absolute. If a witness is unavailable at trial and has testified at a previous judicial proceeding against the same defendant and was subject to cross-examination by that defendant, the previous testimony may be admitted at trial____"' [Citations.]" (People v. Valencia (2008) 43 Cal.4th 268, 291 (Valencia), quoting People v. Smith (2003) 30 Cal.4th 581, 609.) "[F]or the prior testimony to be admissible, the defendant must have had the opportunity to cross-examine the witness at that hearing with an interest and motive similar to that which defendant has at the hearing
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