CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Relevance
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Relevant Evidence: Gen. Reqmts.
.........Relevance Defined
8 Cards On This Topic:
Relevant evidence statutorily defined: Probative, material evidence of fact in dispute.
Evidence defined.
Sister's testimony about D's dominance in his relationship with younger co-D brother as children was clearly relevant to co-D's defense that he carried out D’s instructions in the murder plot without understanding their purpose.
That D was behaving normally, engaging in leisure activity, after brutally raping and killing V just days before, had a tendency in reason to prove disputed fact—that D acted with malice aforethought and not in the heat of passion.
No abuse of discretion in finding relevant the pubic hairs found on V's clothing and in bathtub, which were matched to D's hair by DA experts.
V2's state of mind seen in stmts to her psychotherapist had no tendency in reason to prove chain of events occurred which triggered murders—events necessary to raise mitigating inferences.
Test for relevant evidence discussed.
Informality of DA support & disso hearings does not include disputed fact issues based on mere statements; requires statements under penalty of perjury, offers of proof, oral testimony; Evidence defined.