Barber v. Page-Witness is theoretically unavailable but maybe actually is - witness is in jail in OK. Transcript is admitted.

However, the witness was not factually unavailable because of an interstate agreement btw. TX and OK allowing shipping of prisoners. Ohio v. Roberts-Witness is said to be in California, probably unavailable. Court held that the prosecution must make a reasonable effort to find the witness and then prove that they are unavailable. Dutton v. Evans CASE: A cop is murdered. In Georgia, unlike the other 49 states + federal system, the concealment stage extends the existence of the conspiracy after arrest. One D walks by a cell of another D and says "if it wasn't for D Evans, we wouldn't be here now." This is one conspirator encouraging another to stay quiet-blame it on Evans. The Court held this admissible as a co-conspirator statement because it met the requirements: o No governmental misconduct. o There is no joint trial. o The statement was clearly limited. o The declarant had knowledge of the event. Misc Crap review questions