CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Relevance
......Admissibility of Relevant Evidence
.........Specific Issues
............Victim's Fear
10 Cards On This Topic:

Attempt of 3d persons to suppress testimony not admissible against D unless he authorized it.

Crime of attempted criminal threat requires proof of subjective intent to threaten and proof that the intended threat under the circumstances was sufficient to cause a reasonable person to be in sustained fear.

Evidence witness is afraid to testify or fears retaliation is relevant to credibility and admissible.

Mother's statements that V feared someone other than D not made admissible by Evid. Code §1251 where D sought to introduce them to suggest factual basis for state of mind.

Sister's testimony re D's obscure dream of her and her resulting fear of him irrelevant penalty phase evidence.

PC §422 authorizes one conviction and one punishment per V, per threatening encounter during which V suffers one period of sustained fear, regardless of how many others are within the threats' scope or how many times D repeats them.

Substantial evidence supported D's criminal threat conviction under George T. standard: D's actions created sustained fear, a state of mind certainly more than momentary, fleeting, or transitory.

Although D in TX and his long-abused cohabitant was in CA, there was substantial evidence D made a criminal threat against cohabitant which met the immediacy requirement of PC 422.

Jury could reasonably find incarcerated D's death threats to deputies unequivocal, immediate, and specific, given the nature of threats, and D's proven access to outside gang "homies" and weapons.

W's fear, based on knowledge of H's prior manslaughter conviction and wife beatings, relevant to his threat of immediate great bodily injury.