CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Hearsay Except. Requiring Unavail
......Procedural Aspects of Exceptions
.........Burden of Proving Unavailability
............Independent Review
2 Cards On This Topic:

Appellate courts to independently review trial court's determination that DA's failed efforts to locate absent W are sufficient to justify exception to D's right of confrontation at trial.

Appell. courts should independently review trial court finding that witness is unavailable due to then existing mental illness or because crime-induced mental trauma renders witness unable to testify w/out substantial trauma.