Suppose That Max Has Been Arrested and Charged with Committing

Suppose that Max has been arrested and charged with committing a battery on his wife, Minnie. Two days before the trial begins, Max kills Minnie to prevent her from testifying against him. A surveillance tape captures the lethal event and the police arrest Max on homicide charges. When the battery trial begins, Max's lawyer objects on the basis of the Sixth Amendment. In other words, Minnie is unavailable for cross-examination and, therefore, the battery charge should be dismissed. The judge rules against the motion and allows the trial to continue. On what basis did the judge allow the trial to continue without the victim's testimony?

A) forfeiture by wrongdoing
B) forfeiture by mishap
C) the two cases involve completely separate charges
D) habeas corpus
E) writ of mandamus

Correct Answer:

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