CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Hearsay Except. Requiring Unavail
......Exception: Former Testimony
.........In General
............Examples
8 Cards On This Topic:

Statements by D's mother, incompetent to testify b/c of dementia, properly admitted under hearsay exceptions and did not violate confrontation clause.

No error in finding W entitled to invoke privilege against self-incrimination, and determining he was thus unavailable as a witness w/in terms of EC240 (a)(1) and EC 1291.

Once D made himself unavailable by invoking 5th Amendment privilege, admission of his testimony from first trial in the second trial under EC 1291 (a) was proper.

Former testimony is very reliable form of hearsay.

D's motive and interest in cross-examining now deceased V at prior prelim. hearing and at capital trial were sufficiently similar to satisfy requirements of Evid. Code §1291.

No confrontation denial where, despite blood loss and some memory lapse, V's memory of events after shooting and before D's surrender was largely intact and testimony lucid and coherent.

V's prelim. hearing testimony properly admitted under former testimony hearsay exception where DA used reasonable diligence to procure V's presence at trial.

Use of former testimony.