State v. Reid

In State v. Reid, 114 Ariz. 16, 559 P.2d 136 (1976), cert. denied, 431 U.S. 921 (1977), the Arizona Supreme Court rejected the defendant's contention that the State had not established a good faith effort to secure three witnesses's attendance at his trial because it had not required the witnesses to post bonds. The court explained: The practical effect of invoking the [material witness] statute, then, would quite likely have been the incarceration of the three witnesses. A.R.S. 13-4083. Confinement of a witness, even for a few days, not charged with a crime, is a harsh and oppressive measure which we believe is justified only in the most extreme circumstances. We note also that under A.R.S. 13- 4083(B) and (C), a material witness can be detained for a maximum of three days, and that during those three days the witness may be "conditionally examined" on application of either party. Testimony given on conditional examination "may be admitted in evidence at the trial under the same conditions and for the same purpose as the testimony of a defendant or witness testifying at a preliminary hearing." A.R.S. 13-4083(B). (114 Ariz. at 22-23, 559 P.2d at 145.)