Whether the government makes a good-faith effort to obtain a witness's presence at trial

QUESTIONS PRESENTED The Confrontation Clause permits prosecutors to introduce the out-of-court testimonial statements of an absent witness only if the witness is “unavailable” despite the government’s “good-faith effort to obtain [the witness’s] presence at trial.” Barber v. Page, 390 U.S. 719, 724-725 (1968). The questions presented are: 1. Whether the government makes a good-faith effort to obtain a witness’s presence at trial if it curtails its search for that witness because it already has the witness’s deposition testimony. 2. Whether the government makes a good-faith effort to obtain a witness’s presence at trial if it forgoes an “easy” investigative step that it has “reason to believe” would procure the absent witness. 3. Whether a witness is “unavailable” if the government releases the witness from its custody without making any arrangements to secure the witness’s presence at trial. (i)