People v. Winson

In People v. Winson (1981) 29 Cal.3d 711, found that absent the witness's unavailability or other good cause, due process precluded use of testimony taken from a preliminary hearing transcript in a defendant's criminal case in lieu of live testimony at that defendant's related probation revocation hearing. The defendant's cross-examination of the witnesses at the preliminary hearing was insufficient to permit admissibility of the transcript in the probation revocation hearing because due process protected not only the defendant's right to cross-examine, but also the right to have the witness " ' "stand face to face with the trier of fact in order that it may look at him, and judge by his demeanor . . . whether he is worthy of belief." ' " ( Id. at p. 717.) Because there was no foundational showing the witness was unavailable and no specific finding of other "good cause," the Winson court concluded the transcript was erroneously admitted. ( Id. at p. 719.)