CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Character and Reputation Evidence
......Rebuttal or Impeach. of Good Char. Evid.
11 Cards On This Topic:

Evidence of D's character admissible to rebut D's evidence of good character.

DA may impeach evidence of D's good character with rebuttal evidence of bad character, and is not bound by statutory aggravating factors or by DA's statutory pretrial notice of aggravating evidence.

Although DA entitled to rebut mitigating evidence that D was peaceful person, W's inconclusive and speculative testimony about D's generally having pistol and gunfire after an argument was wholly insufficient as rebuttal.

Defense's wide range of mitigating evidence warrants wide range of rebuttal.

D suggesting 14-yr-old engage in sex contacts with older men for money admissible during penalty phase to rebut D's evidence he was considerate, respectful to women, and very good with his children.

D's employer's testimony at penalty phase that D seemed normal at time of crimes admissible to rebut defense expert opinion D had become out of control, and hypermanic.

Testimony D was using drugs and shoplifting clothes after murder, proper to rebut penalty phase evidence D had overcome addiction and found religion at time of murder.

DA penalty phase questioning of D's witnesses re his gambling and extortion in prison, asked in good faith to rebut D's evidence of religious faith & good conduct, not error.

Evidence of prior charged offense properly admitted to impeach opinion testimony of D's good character; Hempstead test applies in capital cases.

D's juvenile court file properly admitted during penalty phase as bad character evidence to refute D's evidence of good character as a child.

DA's asking D's mother if she knew why D killed bore directly on D's character, tending to show her estimation of his character based on belief in his innocence or diminished culpability.