CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Court Control of Proceedings
......Support Person for Prosecuting Witness
 12 Cards On This Topic:
  • Presence in court of supporting person for prosecuting witness.
  • Court may permit disabled witness to have a support person.
  • With W under 14, court must take special care to protect him or her from undue harassment or embarrassment.
  • No abuse of discretion in allowing murder V’s wife and incipient witness to remain in the courtroom with a support person after testifying for the DA.
  • Trial court did not abuse its discretion by allowing a support dog to be present during the testimony of the two child witnesses.
  • No error in allowing presence of support person and a therapy dog to be at C's feet while she testified.
  • PC §868.5 support person in courtroom during testimony of 3 prosecution witnesses, including pregnant V, did not violate due process clause.
  • D's confrontation right not violated by mother sitting next to testifying child victim.
  • Support person procedure has effect on jury observation of demeanor, affecting Confrontation Clause; DA must show need for support person.
  • Support person may be recalled to testify to evidence which DA, acting in good faith, fails to discover until after victim has begun to testify.
  • Mother, who already testified, properly present at prelim as support person for minor victim.
  • Trial court erred in permitting minor's mother to remain as support person without complying with statute.


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