What is the test for cross-examining a witness who has become unavailable?
California, United States of America
The following excerpt is from The People v. Hollinquest, A124613, No. 05-051554-4 (Cal. App. 2010):
559 [98 L.Ed.2d 951, 108 S.Ct. 838].) "[A] prior opportunity to cross-examine a witness who has become unavailable is considered an adequate substitute for present crossexamination at trial." (People v. Jones (1998) 66 Cal.App.4th 760, 766 [78 Cal.Rptr.2d 265].)
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