State v. Garrison
Washington Court of Appeals
No. 39173-2-II, 2010 Wash. App. LEXIS 2455 (2010)
- Written by Sean Carroll, JD
Facts
Zachariah Garrison (defendant) was charged with various crimes related to a burglary. At Garrison’s first trial, Jessee Guizzotti testified as a witness for the prosecution (plaintiff). The trial court declared a mistrial. At Garrison’s second trial, the prosecution filed a subpoena to require Guizzotti to testify again. In attempting to serve the subpoena, the state learned that Guizzotti no longer lived at her address on record. The state did not have a forwarding address or otherwise know Guizzotti’s location. In attempts to track down Guizzotti, the state contacted her former neighbor, her sister, and the father of her children, each to no avail. Over Garrison’s objection, the trial court admitted Guizzotti’s prior testimony from Garrison’s first trial. Garrison was convicted, and he appealed, arguing that Guizzotti was not sufficiently unavailable to render the former testimony admissible.
Rule of Law
Issue
Holding and Reasoning (Penoyar, C.J.)
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