CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Hearsay Except. Requiring Unavail
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Unavailability Examples
.........Refusal to Testify
3 Cards On This Topic:
Stmts to O of eyewitness who refused to testify dealt with ongoing emergency, were properly admitted as spontaneous utterance and not testimonial under Crawford.
Mere refusal to testify upon threat of contempt does not constitute unavailability.
Criminal D who refuses to testify does not become "unavailable."