Angela's Motion #32
NOTE: USE THIS MOTION IF THE WITNESS IS ALIVE, BUT STATE SAYS NOT AVAILABLE.
MODIFY THIS MOTION IF THE WITNESS IS DEAD, IN WHICH CASE THE SOLE FOCUS FALLS ON WHETHER DEFENDANT HAD AN EFFECTIVE OPPORTUNITY TO CROSS-EXAMINE THE WITNESS AT THE EARLIER PROCEEDING.
DEFENDANTS MOTION IN LIMINE REGARDING THE INADMISSIBILITY OF PRIOR TESTIMONY FROM A WITNESS FOR THE PROSECUTION
Defendant moves this Court to prohibit the State from admitting the prior testimony of an allegedly unavailable witness.
MEMORANDUM IN SUPPORT
It is defense counsels understanding that the prosecution plans to rely on the prior testimony of a witness because the State contends that witness is unavailable, and that the witness was effectively subjected to cross examination at an earlier proceedings.
Defendant contends that this evidence is inadmissible because (1) it has not been proven that the witness is unavailable;
and (2) Defendant did not have an opportunity to conduct an effective cross examination of that witnesses in circumstances equal to those that would apply were the witness to appear in person during trial.