Utah Supreme Court
Benny J. Gallegos, and v. John W. Turner
September 24, 1974526 P.2d 1128
Summary
The court affirmed the denial of habeas corpus relief, holding that the transcript of the victim's testimony from the earlier hearing was admissible because the victim was unavailable despite a good-faith, reasonably diligent search and the petitioner had previously had a similar motive and full opportunity to cross-examine her. The court found no clear abuse of discretion in the trial court's unavailability determination or in admitting the prior testimony.
Holding
- Admission of prior testimony from an unavailable witness. The district court properly admitted the victim's prior testimony because the State demonstrated that it had acted in good faith and with reasonable diligence but could not locate her, and the petitioner had a prior right and opportunity for cross-examination with a similar interest and motive.
Docket No. 13389
Cited by
- State of Utah, Plaintiff and Appellee v. Douglas Stewart Carter, Defendant and Appellant
- State of Utah, Plaintiff and Respondent v. Gerald Douglas Chapman, Defendant and Appellant
- State of Utah, Plaintiff and Respondent v. Cecil Earl Brooks and James Charles Edward Good, Defendants and Appellants
- State of Utah, Plaintiff and Respondent v. Cecil Earl Brooks and James Charles Edward Good, Defendants and Appellants