What is the test for forfeiture under the California Standards of Review when a defendant causes a witness to be unavailable to testify?
California, United States of America
The following excerpt is from People v. Bangham, H038975 (Cal. App. 2015):
p. 359.) This exceptioncommonly referred to as "forfeiture by wrongdoing"is applicable when the defendant causes the witness to be unavailable to testify with the intent to cause the witness's unavailability. (Id. at pp. 359-361.) The prosecution bears the burden of showing forfeiture by wrongdoing by a preponderance of the evidence. (People v. Banos (2009) 178 Cal.App.4th 483, 503, fn. 12 (Banos).)
3. Standards of Review
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