People v. Cambre

B168754, B171836, 2004 Cal. App. Unpub. LEXIS 7369 (2004)

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People v. Cambre

California Court of Appeal
B168754, B171836, 2004 Cal. App. Unpub. LEXIS 7369 (2004)

SC

Facts

Damon Del Cambre (defendant) was charged with robbing a bank. Police interviewed Thomas Owens, who admitted to being part of the robbery. Owens’s statements inculpated Cambre. At trial, the prosecution (plaintiff) called Owens as a witness. Owens answered every question, even those with obvious answers, by stating that he did not recall. As a result, the trial court permitted the prosecution to introduce Owens’s interview answers as prior inconsistent statements. Cambre’s attorney chose not to cross-examine Owens. Cambre was convicted, and he appealed, claiming that the introduction of Owens’s out-of-court interview answers, combined with the lack of cross-examination of Owens, violated Cambre’s rights under the Confrontation Clause.

Rule of Law

Issue

Holding and Reasoning (Zelon, J.)

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