California Supreme Court
The People, Plaintiff and Respondent v. Henry Ivan Cogswell, Defendant and Appellant
April 1, 201048 Cal. 4th 467
Summary
The court held that the prosecution exercised reasonable diligence in attempting to secure the attendance of an out-of-state sexual assault victim, even though it did not invoke the Uniform Act provision permitting her custody and transportation to California. Because the victim was unavailable and had been subject to prior cross-examination, her preliminary hearing testimony was admissible at trial. The court reversed the Court of Appeal's judgment and remanded for consideration of the defendant's remaining claims.