Use of Prior Testimony in the Declarant’s Presence

Date

1971

Journal Title

Journal ISSN

Volume Title

Publisher

Texas Tech Law Review

Abstract

Summarizes the United States Supreme Court case California v. Green. In that case, a witness had testified that the defendant Green supplied him with marijuana at a preliminary hearing but denied remembering that fact at trial. The witness’s prior inconsistent statement was used to impeach him and Green appealed on the basis that his sixth amendment confrontation rights were violated. The Court held that the confrontation clause was not violated by the operation of the California hearsay statute. This expressly denied the misconception that the rules of evidence possessed any constitutional sanction. The author welcomes the change that this holding may prompt in the state’s review of their criminal evidence law to improve the fair administration of justice.

Description

Keywords

Confrontation clause, Sixth Amendment, California v. Green, Prior inconsistent statement, Hearsay, California Evidence Code, Case note

Citation

2 Tex. Tech L. Rev. 299