What is the test for making a finding that a defendant in a criminal case is unavailable as a matter of law?
California, United States of America
The following excerpt is from People v. Brown, B223834 (Cal. App. 2012):
4. The prosecutor represented in his opening statement that Delery was serving a life sentence for attempted murder. The court made a legal finding that Delery was unavailable as a matter of law pursuant to Evidence Code section 240, and allowed the parties to read Delery's testimony from the preliminary hearing.
5.Miranda v. Arizona (1966) 384 U.S. 436.
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