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STATE v. MOKAKE

No. 2 CA-CR 89-0490.

171 Ariz. 179 (1991)

829 P.2d 1225

The STATE of Arizona, Appellee, v. Moorosi MOKAKE, Appellant.

Court of Appeals of Arizona, Division 2, Department A.

As Corrected November 6, 1991.

Reconsideration Denied December 11, 1991.

Review Denied June 2, 1992.

Attorney(s) appearing for the Case

Grant Woods, Atty. Gen. by Paul J. McMurdie and Eric J. Olsson, Tucson, for appellee.

Susan A. Kettlewell, Pima County Public Defender by John F. Palumbo, Tucson, for appellant.

OPINION

LIVERMORE, Chief Judge.

In Barber v. Page, 390 U.S. 719, 88 S.Ct. 1318, 20 L.Ed.2d 255 (1968), the Court held that an accused was denied his right to confrontation when pretrial testimony was admitted against him without a showing by prosecutorial authorities that a good faith effort to obtain the witness from outside the jurisdiction had been made and had failed. Only then could the witness be said to be unavailable...

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