Repository Collection 03
Barber v. Page
CASE ENTRY
Last Revised • July 9, 2026
This Source Verification Page documents the United States Supreme Court's decision in Barber v. Page, cited in Claim II of the Supplemental Motion. The opinion establishes that the prosecution must make a good-faith effort to secure a witness's attendance before claiming the witness is unavailable for purposes of the Confrontation Clause.
Related SMAR Citation
“[See also Barber v. Page, 390 U.S. 719, 724-25 (1968): The prosecution cannot claim a witness is "unavailable" without a good-faith effort to produce him]”
Case Name
Barber v. Page
Citation
390 U.S. 719 (1968)
Date
April 23, 1968
Verification Source
Original United States Supreme Court opinion located through Justia U.S. Supreme Court Center.
Source Location
United States Supreme Court Opinion
Highlighted Pages
1, 5
Referenced in the Supplemental Motion
Page 47, Paragraph: 96
✔ Original Court Order obtained and reviewed.
✔ Relevant passages highlighted.
✔ Publicly available source
✔ Included within the Source Verification Archive
May's reliance upon Barber v. Page, 390 U.S. 719 (1968), for the constitutional principle that the
prosecution may not claim a witness is unavailable for purposes of the Confrontation Clause
without first making a good-faith effort to secure the witness's attendance at trial. Barber is cited to
establish that a witness is not considered unavailable merely because the witness is outside the
jurisdiction or otherwise absent, and that confrontation rights cannot be avoided without
reasonable efforts to obtain the witness's testimony. May relies upon this authority to support his
claim that material witnesses possessing exculpatory or impeachment evidence were not made
available for examination at trial and that the State failed to satisfy its constitutional obligations
before treating those witnesses as unavailable.
Source Status
Cited to Support
Supporting Documents
Original Article
Link to the original article.
Highlighted Research Copy
Working research copy containing the highlighted passages cited in the Supplemental Motion.
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