(DOWNLOAD) "People V. Arreola" by Supreme Court Of California # Book PDF Kindle ePub Free
eBook details
- Title: People V. Arreola
- Author : Supreme Court Of California
- Release Date : January 14, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
In Morrissey v. Brewer (1972) 408 U.S. 471, 489, 33 L. Ed. 2d 484, 92 S. Ct. 2593, and Gagnon v. Scarpelli (1973) 411 U.S. 778, 786, 36 L. Ed. 2d 656, 93 S. Ct. 1756, the United States Supreme Court held that, under the due process clause of the federal Constitution, a defendant at a parole or probation revocation hearing generally has the right "to confront and cross-examine adverse witnesses (unless the hearing officer specifically finds good cause for not allowing confrontation) . . . . " Applying Morrissey and Gagnon, this court held in People v. Winson (1981) 29 Cal. 3d 711, 713-714, 175 Cal. Rptr. 621, 631 P.2d 55, that, at a probation revocation hearing, the prosecution may not introduce the transcript of a witness's preliminary hearing testimony in lieu of the witness's live testimony "in the absence of the declarant's unavailability or other good cause."