What is the test for the prosecution to locate an absent witness?

California, United States of America


The following excerpt is from People v. Robinson, B286810 (Cal. App. 2019):

We "'defer to the trial court's determination of the historical facts of what the prosecution did to locate an absent witness,'" and "'independently review whether those efforts amount to reasonable diligence sufficient to sustain a finding of unavailability.'" (People v. Thomas (2011) 51 Cal.4th 449, 503.)

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