What is the test for finding a witness unavailable at trial?
MultiRegion, United States of America
The following excerpt is from Murray v. Estelle, 996 F.2d 1226 (9th Cir. 1993):
It is settled law that a witness may not be found "unavailable" unless "the prosecutorial authorities have made a good-faith effort to obtain his presence at trial." Barber v. Page, 390 U.S. 719, 724-25 (1968). The burden rests on the prosecution to show that the witness is unavailable despite its good faith efforts. Id. at 74-75.
"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
Is there any evidence to support a finding that a continuance of a trial would have been inconvenience to the trial of a bank witness? (MultiRegion, United States of America)
Is there any case law where a trial judge or jury was ordered to delay or otherwise delay the trial of a witness due to the absence of the witness? ("New York", United States of America)
Does the fact that a witness testified untruthfully at a previous trial constitute a finding that he is testifying perjuriously at trial? (MultiRegion, United States of America)
Can a trial judge overturn a finding that lay opinion evidence is relevant to the trial? (MultiRegion, United States of America)
Does the trial judge erred in denying a post-trial motion for a new trial based upon alleged violations of sequestration order by members of the jury or marshals assigned to supervise the jury? (MultiRegion, United States of America)
Does a comment made by a federal court during trial during trial support a government witness's credibility? (MultiRegion, United States of America)
What is the test for a motion for a new trial where newly discovered evidence indicates perjury by a prosecution witness at trial? (MultiRegion, United States of America)
What is the test for finding that a trial judge has abused his position by failing to properly supervise a jury in a jury trial? (MultiRegion, United States of America)
What is the test for establishing that a witness is unavailable to be extradited from the country where the witness is based? (MultiRegion, United States of America)
What are the findings of the trial judge's findings of fact and law in a motor vehicle accident case? (Canada (Federal), Canada)
