What is the test for establishing that a prosecution has established due diligence to locate an absent witness?
California, United States of America
The following excerpt is from People v. Sinclair, D073786 (Cal. App. 2019):
"While we 'defer to the trial court's determination of the historical facts of what the prosecution did to locate an absent witness,' we 'independently review whether those efforts amount to reasonable diligence sufficient to sustain a finding of unavailability.' " (People v. Thomas (2011) 51 Cal.4th 449, 503 (Thomas).)
B. The Prosecution Established Due Diligence
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