CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Relevance
......Relevant Evidence: Gen. Reqmts.
.........Fact Must Be Disputed
............Disputed Fact-Case Application
 12 Cards On This Topic:
  • Relevant evidence relates not just to factors D contests, but relates to all elements of crime. Not guilty plea puts all elements of crime in issue.
  • Issue removed by pleadings is undisputed and irrelevant.
  • Gun identified as D's and found in ivy outside murder location where witnesses placed him on night of murder was plainly relevant and sufficient foundation laid for its admission.
  • Photos of V's injuries clearly relevant to determination of many disputed facts at guilt phase, particularly murder by torture theory, and properly admitted at both guilt and penalty phases.
  • No abuse of discretion in admitting letter D wrote to his mother-in-law 9 yrs before murder; his prurient sexual interest in her was relevant to issues in dispute—the truth of sodomy and rape special circs.
  • Facts alleged in complaint and not controverted in answer are not in issue.
  • Admission of liability will render evidence irrelevant re circumstance of accident, unless such evidence relevant to remaining disputed issue.
  • D's atty asking on cross-exam if W, who came forward fearing implication in crime, had heard of “Three Strikes and you’re out,” was subject to sustained relevance objection where W not actually subject to 3 Strikes.
  • Admission of liability does not preclude evidence of circumstances of accident, if relevant to disputed damages.
  • Party may not admit facts of lesser consequence and foreclose presentation of evidence needed to make persuasive case.
  • Stipulation of fact leaving issue undisputed may not attach unreasonable conditions.
  • Counsel's statement that fact will not be in issue does not constitute proof of fact and remove it from dispute.


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