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The Reluctant Witness

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On April 1, the California Supreme Court will decide People v. Cogswell, S158898, presenting the following question:

Must a prosecutor request that an out-of-state sexual assault victim, who does not wish to return to California and testify, be taken into custody under the Uniform Act to Secure Attendance of Witnesses from without the State in Criminal Cases (Pen. Code, ยง 1334 et seq.) in order to demonstrate the due diligence required to satisfy the finding of unavailability under Evidence Code section 240 that would permit the victim's preliminary hearing testimony to be admitted into evidence at trial?

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The CSC found that the prosecution did use reasonable diligence in obtaining the witness's presence and reversed the judgment of the COA.


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