Supreme Court of California
People v. Cogswell, S158898
Court of appeal's reversal of defendant's conviction for sexual assault on the ground that the trial court erred in declaring the sexual victim unavailable as a witness and in allowing the prosecution to use at defendant's trial the victim's preliminary hearing testimony is reversed as the prosecution did use reasonable diligence in obtaining the witness's presence, and the prosecution's resort to the Uniform Act's custody-and-delivery provision to ensure the victim's presence at the trial would have been an action far more extreme than the fine at issue in People v. Smith.
Appellate Information
- Decided 04/01/2010
- Published 04/01/2010
Judges
Court
- Supreme Court of California