PEOPLE v. COGSWELL

No. S158898.

48 Cal.4th 467 (2010)

THE PEOPLE, Plaintiff and Respondent, v. HENRY IVAN COGSWELL, Defendant and Appellant.

Supreme Court of California.

April 1, 2010.


Attorney(s) appearing for the Case

Patricia A. Scott, under appointment by the Supreme Court, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Donald E. De Nicola, Deputy State Solicitor General, Gary W. Schons, Assistant Attorney General, Steve Oetting, Rhonda Cartwright-Ladendorf, Kristen Kinnaird Chenelia and Melissa Mandel, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

KENNARD, J.

A witness's preliminary hearing testimony is admissible at trial if the witness is "unavailable" despite the exercise of "reasonable diligence" by the party seeking the witness's attendance. (Evid. Code, § 1291.) At issue is whether, to show "reasonable diligence" in obtaining the presence at trial of a sexual assault victim living outside California, the prosecution in this case...

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