What is the test for establishing that a witness has first-hand experience of sexual assault?
California, United States of America
The following excerpt is from People v. Armstrong, 243 Cal.Rptr.3d 105, 433 P.3d 987, 6 Cal.5th 735 (Cal. 2019):
Davis v. Ayala , supra , 576 U.S. at p. , 135 S.Ct. at p. 2199 ) means anything, it means that first-hand experience merits some weight. Given a justification that (1) was inherently plausible, (2) was largely supported by the record of the prosecutors behavior, and (3) appeared to the trial court to be subjectively genuine, the trial court was not legally obligated to inquire further.
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