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Defendant Not ‘Unavailable’ After Refusal to Testify (access required)

A defendant who invoked his Fifth Amendment right not to testify was not “unavailable” at his robbery trial, and the trial court erred in holding that defendant, as a hearsay declarant, was unavailable for purposes of applying the declaration-against-penal-interest exception to the hearsay rule; however, because the trial court excluded the hearsay evidence on other ...