What is the test for determining that permission was not given to a witness who testified at trial?
California, United States of America
The following excerpt is from Brookbank v. Bowen, F067642 (Cal. App. 2014):
determine that permission did not exist. (See Blank v. Coffin (1942) 20 Cal.2d 457, 461; La Jolla Casa de Manana v. Hopkins (1950) 98 Cal.App.2d 339, 346 [trial judge has an inherent right to disregard testimony of any witness].)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When a witness at the preliminary hearing is unable to testify at trial, can the former witness be used at trial? (California, United States of America)
Can a defendant who does not have a written waiver allowing him to attend the criminal trial of a witness be present at the trial of the witness? (California, United States of America)
In a personal injury action, does plaintiff have to disclose in his witness exchange list or, in response to a request at a deposition, the substance of the facts and opinions to which the witness will testify at trial? (California, United States of America)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
In what circumstances will a witness be given formal immunity to testify in a murder trial? (California, United States of America)
What is the effect of testifying in a criminal case if the witness is afraid to testify or fears retaliation for testifying? (California, United States of America)
What is the test for determining whether a witness has sufficient experience in the field to be able to testify in a jury trial? (California, United States of America)
What are the principles of a motion for a new trial where a witness in a murder trial later dies before the trial has even begun? (California, United States of America)
Is there any case law where a trial court improperly excluded a witness from testifying because the witness name was not disclosed during discovery? (California, United States of America)
Is a defendant's claim that the trial court's failure to provide him with the means and subpoena witnesses to defend at trial a violation of his Sixth Amendment right to represent himself at trial reversible? (California, United States of America)
