CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Competency of Witnesses
......Mental Condition
10 Cards On This Topic:

That attack V's accounts somewhat inconsistent or that testimony reveals memory lapses is no basis to find him fundamentally unable to perceive or recollect testimonial events and no substantial basis for excluding testimony.

Though D waived issue of W’s incapacity to perceive and recollect by not objecting before he testified, no substantial basis for trial ct. to have excluded testimony.

D not entitled to jail informant's corrections records for psych info where he couldn't show PCP fantasy state causing W's 1977 commitment relevant to mental stability in 1980's.

No error in refusing to order W to submit to psych exam to determine competency as use of psychiatric testimony to impeach W generally disfavored.

Principles applicable to determination of competency of witness suffering from mental derangement or defect.

Witness' emotional instability, bias against D, and possible lying about confession were all issues for jury; none affected witness' competency to testify.

Witness who has some degree of mental unsoundness may still be competent to testify.

Courts should exercise great caution in qualifying witness with history of delusions re subject of inquiry. Refusal to permit cross-examination may be unfair.

Previously hypnotized witness not incompetent to testify on topic wholly unrelated to events that were subject of hypnotic session.

Speech handicap of mentally retarded person does not necessarily render him incompetent.