CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Hearsay Except. Requiring Unavail
......Unavailability Examples
.........Privilege
............Witness
6 Cards On This Topic:

Admitting co-D's prelim. hrg. testimony at D's trial, after co-D's immunity was withdrawn, he took the Fifth, and was found "unavailable," did not violate D's confrontation right where he had opportunity to cross-examine at prelim.

Trial court did not err in declaring minor W unavailable after he asserted privilege against self-incrimination and in allowing his prelim. hearing testimony in instead.

Witness who exercises privilege against self-incrimination is "unavailable."

Witness who has testified in prior proceeding may invoke privilege and refuse to answer questions at subsequent trial which might expose witness to perjury.

"Unavailable as a witness"-declarant's exercise of privilege against self-incrimination.

Constitutional and statutory bases for exercise of privilege