California Court of Appeal

In a prosecution for crimes including the shooting of a man who was later deported before testifying at trial, the convictions are: 1) reversed as to the shooting of the deportee, where the prosecution's efforts to make the deportee available for trial did not constitute due diligence under the law, so allowing his preliminary hearing testimony to be read to the jury violated the defendant's Sixth Amendment right to confrontation; but 2) affirmed in all other respects, where a) the trial court did not err in allowing a detective to testify about certain aspects of his investigation, and b) the prosecutor did not commit misconduct in her closing argument.

Appellate Information

• Decided 05/01/2012
• Published 05/01/2012

Judges

• Bedsworth

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Richard A. Levy, William M. Wood