Turner v. Com.

How courts have described this case

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

• holding that the trial court “may not rely on the bare assertion of a witness that he is unable to answer when examined at trial because he no longer remembers what occurred”
• holding that the trial court abused its discretion by admitting the preliminary hearing transcript of a witness deemed “unavailable” under Rule 2:804(b)(1) because the trial court “conducted no inquiry into [the witness]’s claim of memory loss”
• acknowledging a witness’s “lack of memory at trial is the functional equivalent of the unavailability of the witness himself”
• finding the trial court abused its discretion in ruling a witness unavailable for lack of memory when it failed to inquire into the genuineness of that claim
• court abused its discretion in ruling a witness unavailable for lack of memory when it failed to inquire into the authenticity of his claim as required by precedent

Source: CourtListener parenthetical corpus (CC0).