I've practiced criminal law my entire career and have never had the defense move to take the deposition of an out of state witness.
How should I prepare for the depo? Please email me with any advice / suggestions you have. I don't necessarily want the public commenting on this.
Just as you would for crossing the witness in court
FYI. Art. 39.12 permits the playing of the depo at trial in lieu of live testimony if the defendant makes an oath that the witness still lives out of state at the time of trial. So, when doing the depo, keep in mind that it is probably exactly what the jury will see (minus redactions of the inadmissible stuff).
I say that b/c I got caught a little off guard in my first defense requested, out of state witness depo. I hadn't closely read 39.12 so I was operating on the premise that it was more of a discovery type thing and that I'd see the witness again at trial, so I'd fully develop my end of things then, not during the depo. Imagine my surprise. It didn't end up hurting the case, but I learned a valuable lesson.
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