CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Hearsay Except. Requiring Unavail
......Exception: Former Testimony
.........Manner of Proving Prior Testimony
............Deposition: Criminal
6 Cards On This Topic:

Use of unavailable witness' deposition in criminal matters.

Under PC §1335 (b), read together with PC §1336, conditional examination of DA’s witness is permitted in a capital case when the witness’s life is in jeopardy.

Trial court did not violate D's confrontation right by allowing torture V's conditional exam. to be played for the jury where D's motive to cross-examine V at trial was not substantially different from his motive to cross-examine her during exam.

Trial courts may allow conditional exams of dying Ws to proceed, despite suspension of proceedings per PC 1368(c); conditional exam testimony to be excluded only if D later found to have been incompetent at time of exam.

Trial court did not err in finding W, who had phobias precluding her testimony in open court, unavailable and using conditional examination in lieu of live testimony.

Statutory scheme governing conditional exams does not authorize admission in evidence of a videotaped deposition; error harmless.