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

Criminal D constitutionally entitled to confront all witnesses against him at trial.

Purpose of confrontation clause.

Right to confront witnesses guaranteed by Cal. Const.

Where D denied right to counsel at prelim, may not use transcript at trial.

Using videotaped depositions of deported, unavailable witnesses does not violate confrontation clause.

When gov. can't get witness to trial, admission of videotaped testimony proper if diligent efforts made to have D present at depo or procedures used to allow D to take active role.

D's convictions arising from V's shooting reversed where DA's efforts to make deported V available for trial did not constitute due diligence and violated D's confrontation right.

Use of former testimony permitted even though prior conviction reversed for incompetent assistance of counsel.

Prior testimony of unavailable witness may not be used against D, who was incompetent when it was given.