What rights does a defendant have to confront and cross-examine a witness in a conditional examination?

California, United States of America


The following excerpt is from People v. Diaz, B266326 (Cal. App. 2016):

"'A criminal defendant has a constitutionally guaranteed right to confront and cross-examine the witnesses against him or her. [Citations.] The right of confrontation is not absolute, however, and may "in appropriate cases" bow to other legitimate interests in the criminal trial process. [Citations.] An exception to the confrontation requirement exists where the witness is unavailable, has given testimony at a previous judicial proceeding against the same defendant, and was subject to cross-examination by that defendant. [Citations.] Further, the federal Constitution guarantees an opportunity for effective cross-examination, not a cross-examination that is as effective as a defendant might prefer. [Citation.]' [Citation.]" (McCoy, supra, 215 Cal.App.4th at pp. 1527-1528; People v. Herrera (2010) 49 Cal.4th 613, 620-621.) Courts therefore have held that the admission of a conditional examination at trial does not necessarily violate a defendant's constitutional right to confrontation.

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