What is the test for diligence in criminal proceedings?
California, United States of America
The following excerpt is from People v. Andrade, 190 Cal.Rptr.3d 442, 238 Cal.App.4th 1274 (Cal. App. 2015):
[D]iligence has been found when the prosecution's efforts are timely, reasonably extensive and carried out over a reasonable period. [Citations.] (People v. Bunyard (2009) 45 Cal.4th 836, 856, 89 Cal.Rptr.3d 264, 200 P.3d 879.) In contrast, diligence has found to be lacking where the prosecution's efforts were perfunctory or obviously negligent. [Citations.] (Id. at p. 855, 89 Cal.Rptr.3d 264, 200 P.3d 879.)
[238 Cal.App.4th 1294]
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