CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Witness Credibility Evidence
......Demeanor of Witness
10 Cards On This Topic:

Bases for trier of fact to judge credibility of witnesses.

Any error in not instructing jury to consider W's past misdemeanor conduct in assessing his credibility was harmless where it would not have induced the jury to disbelieve W's testimony about the killing.

DA's questions to rape V about recent childbirth and discomfort properly admitted where her demeanor was relevant to credibility, jury might have thought she had a poor attitude and court appropriately admonished jury.

OSC on habeas petition discharged where record fell far short of establishing either that D actually innocent of robbery/murder or that his criminal convictions were tainted by false testimony.

Court correctly allowed delusional W to testify, and to permit jury to determine from all relevant evidence whether her perceptions and memories true; court under no duty to order psych exam.

Though C's testimony re abuse by F inconsistent, essence of offense did not change with retelling and court had further opportunity to assess C's demeanor and that of parents.

Although it took C months of therapy before prior sexual acts of F become known, such belated revelation understandable and not inherently incredible.

D's confrontation rights not violated when W, who professed inability to recall crime or prior statements, subject to lengthy cross, jury could observe her demeanor and judge her credibility.

Evidence re date of murder being V's 3d birthday helped place testimony of Ws in context and assisted jury in assessing their credibility.

Witness's demeanor is a crucial part of evidence before trier of fact.