CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Hearsay Except. Requiring Unavail
......Unavailability Examples
.........Infirmity
............Mental Infirmity: Fear
2 Cards On This Topic:
  • Fear of personal or family harm can constitute mental infirmity and thus unavailability.
  • General fear of reprisals in prison for "snitching" sufficient showing of mental infirmity caused by fear to permit admission of prelim testimony.