CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Court Control of Proceedings
......Embarrassing or Discrediting Witness
9 Cards On This Topic:

Court's comment to D not overly partisan judicial commentary where statement clarified its prior ruling, and did not disparage D or address his credibility.

Death sentence reversed where judge made inaccurate statements prejudicing D and committed misconduct by persistently making inappropriate, disparaging comments to defense counsel and D's expert Ws during 2d penalty phase trial.

No abuse of discretion under Evid. Code §765 to exclude evidence which has obvious potential for embarrassing or unfairly discrediting witness.

Permitting D to elicit testimony from DA's W that she engaged in prostitution had obvious potential for embarrassing or unfairly discrediting her and no abuse of discretion in excluding it.

As harsh, colorful attack on witness credibility permissible, counsel may remind jurors that paid expert could be biased and testimony unsound, unbelievable, or patent lie.

A trial court contemplating a comment on party's perceived perjury should pause, reflect, and then articulate a candid but measured response—the appearance of justice is vitally important to the administration of justice.

Where appearance of judicial bias, unfairness colors entire record, P need not make affirm. showing of prejudice; test whether ct.'s comments would cause reasonable person to doubt ct.'s impartiality or lack confidence in fairness of proceedings.

Exclusion of evidence of outstanding warrant for victim on charges of prostitution proper because of obvious potential for embarrassing or unfairly discrediting her.

Court has duty to exercise reasonable control over interrogation of witnesses. When counsel's examination seeks to embarrass or humiliate witness, court justified in interceding.