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State v. Pham, 2016 UT App 105 (May 19, 2016)

May 19, 2016

Defendant appealed his conviction for discharging a firearm causing serious bodily injury. The victim of the gunshot wound testified at a preliminary hearing but left the country prior to trial. The Court of Appeals held the admission of victim’s preliminary hearing testimony at trial did not result in a violation of the Confrontation Clause because defendant failed to show that the structure of the preliminary hearing limited his opportunity to cross-examine the victim. The Court of Appeals acknowledged that a preliminary hearing may not afford an adequate opportunity for cross-examination in every case.