CHILDREN AND THE LAW
...The Child Witness
......Child as Unavailable Witness
8 Cards On This Topic:

Statutory definition of unavailability.

Prelim transcript of unavailable witness for rebuttal is not denial of confrontation.

Trial court did not err in declaring minor W unavailable after he asserted privilege against self-incrimination and in admitting his prelim. hearing testimony instead.

Mother’s testimony that child suffered from mental illness, without medical testimony, insufficient to establish child unavailable as witness.

Evid. Code §1360 re statement by minor V of abuse does not violate D's confrontation rights.

Hearsay provisions of PC 872 (b) do not require child molest victim be qualified to testify at prelim. hearing in order for M’s hearsay declarations to be admissible.

Minor properly found unavailable after in camera hearing where experts stated minor hesitant to testify.

Complete discussion of witness unavailability.