CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Method of Exam: Cross-Exam
......Scope of Examination
.........Testifying Witness
9 Cards On This Topic:
  • W's perception that defense investigator harassed her [issue to which W opened door on cross] reasonably might have affected her willingness to cooperate with him and thus her credibility; inquiry relevant on either direct or cross.
  • No abuse of discretion in allowing cross-exam. of officer concerning victim's statements re threats D made against her to rebut impression left by D's direct exam. of officer that victim was not afraid of D.
  • No DA misconduct in asking D "were they lying" questions about co-D and W where questions "sought to elicit testimony that would properly assist the trier of fact in ascertaining whom to believe."
  • Courts to scrutinize "were they lying" questions and not permit them if argumentative, or asked to elicit irrelevant or speculative testimony; court may permit them if W has personal knowledge and may assist trier of fact on credibility.
  • D's atty asking on cross-exam if W, who came forward fearing implication in crime, had heard of “Three Strikes and you’re out,” was subject to sustained relevance objection where W not actually subject to 3 Strikes.
  • After W testified to D's admission, D had right to cross-examine W on related admission, but court not required to limit concomitant exposure to "other crimes" evidence.
  • DA's cross-exam of E about D's possible motive for killings was intended to rebut inference that they were attributable to PTSD and fell w/in subject matter of E's testimony on direct.
  • Trial court did not abuse its discretion in preventing defense from inquiring whether adult witness who was involved in reporting child molestation had a morbid fear of sexual matters.