Skip to main content
· 5/3/2024

Matter of Abbatoy v. Baxter

Citations

  • 2024 NY Slip Op 02393

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding reasonable the state court’s conclusion that the witness “was unavailable because his commanding officer asserted that he would return to Germany after his tour of duty in Kosovo, and because Germany was beyond the subpoena power of the [state courts]”
  • the prosecution’s obligation to make a good-faith effort is “context-specific”
  • the prosecution’s obligation to make a good-faith effort is “context-specific”
  • if the desired witness is beyond the subpoena power of the trial court but an established procedure of voluntary cooperation exists, then the prosecution must go to reasonable lengths to utilize that procedure to locate, contact, and arrange to reasonably transport the witness

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.