CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Witness Credibility Evidence
......In General
 27 Cards On This Topic:
  • Bases for trier of fact to judge credibility of witnesses.
  • Evidence of character traits other than honesty or veracity, or their opposites, inadmissible to attack or support credibility of witness.
  • Witness' credibility may be attacked by either side.
  • Instances of conduct generally inadmissible to attack or support the credibility of a witness.
  • Witness' credibility may be attacked by any party, including party calling witness.
  • Use of specific instances of conduct as evidence of witness' character for truthfulness in federal proceedings.
  • Trial ct. properly allowed DA to support credibility of its chief witness by eliciting her direct exam. testimony that she became fearful after threats by D's brother the morning after she witnessed the shooting.
  • DAs' testimony that W was witness to murder, not a participant, was relevant to rebutting defense argument that the DA had leverage over W—DAs did not improperly bolster W's testimony.
  • Doctrine of invited error bars D from challenging credibility instruction when D has made a "conscious and deliberate tactical choice" to "request" the instruction.
  • No error in refusing D's special instruction on viewing jailhouse W's stmts with caution where similar instructions given and jury had to appreciate W's credibility was a central issue and must be carefully evaluated.
  • Because any error in failing to instruct with CALJIC No. 2.71.7 was harmless, and there was no error or prejudice from giving of CALJIC No. 2.13 as to witness, there was no cumulative prejudice.
  • W's recounting V's statement about D's threat to him properly admitted where W2's similar testimony was more than sufficient to establish trustworthiness of W's version of the event.
  • D could not show DA knowingly presented false testimony or that V's testimony was actually false or misleading.
  • Court properly instructed that W's prior inconsistent statements may be considered to test W's credibility and also as evidence of truth of facts stated.
  • When testimony re identity of D as perpetrator of prior criminal act is equivocal, it affects W credibility, not admissibility of testimony.
  • Testing credibility of experts.
  • Party may impeach own witness under Evid. Code §785.
  • Person who testifies puts character for honesty and veracity in issue.
  • Trial ct. properly made adverse credibility findings against spouse it suspected had forged declarations and then given false testimony about them under oath.
  • Because D's "inherent improbability" of evidence claim was based only on comparisons, inferences and contradictions, it was nothing more than an attack on witness credibility, and could not be the basis for reversal.
  • Trial court did not err by instructing jury it could consider D's failure to explain or deny incriminating facts (CALCRIM No. 361).
  • Sanction of striking co-D's testimony on direct after she repeatedly took the 5th on cross was reasonable where her credibility and connection to subject of suppression motion were pivotal to case.
  • Improper mention of polygraph, along with error in excluding evidence child victim's mother had shaken him, was prejudicial, substantially affecting crucial issue of prime W's credibility.
  • Evidence of character traits to affect credibility of witness limited to traits of honesty, veracity or their opposites.
  • Incorrect or inconsistent testimony goes to credibility, rather than witness' competency to testify.
  • Witness credibility issues.
  • Testing credibility of witnesses by cross-examination.


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