CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Hearsay Except. Requiring Unavail
......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."