What is the test for independent review of the prosecution's efforts to locate an absent witness?
California, United States of America
The following excerpt is from People v. Capers, B267823 (Cal. App. 2018):
"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. Bunyard [(2009)] 45 Cal.4th [836,] 851.)" (People v. Thomas (2011) 51 Cal.4th 449, 503.)
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