California Criminal Lawyer Blog

The co-defendant testified at the suppression motion (Penal Code sec. 1538.5), to facts which would have made the police search illegal.

But the co-defendant refused to answer some things on cross examination.

The Court of Appeal says that striking the co-defendant's testimony was the correct sanction here.

Funny how they don't want to do that when the DA's witness (usually the cop) refuses to answer our questions in cross.

People v. Seminoff; 2008 DJ DAR 1613; DJ, 1/31/08; C/A 4th