CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Method of Exam: Cross-Exam
......Testing Credibility of Witness
.........In General
11 Cards On This Topic:
  • Bases for trier of fact to judge credibility of witnesses.
  • Witness' credibility may be attacked by either side.
  • No abuse of discretion in limiting impeachment evidence of DA's witness under EC 352.
  • Trial ct. properly allowed cross-exam. into W's cocaine use because it was relevant to her credibility.
  • DA's attempting to elicit arrest records of witnesses was harmless error where he used prior felonies to impeach and jury would not have needed to rely on mere arrests in evaluating credibility.
  • Not improper to cross-examine D about once practicing with a buck knife where murder weapon testimony inconclusive and knife practice undermined D's story he attacked Vs as unthinking response to being startled.
  • In view of extensive cross-exam of W on topics relevant to credibility, including finances, D failed to prove error in court's limiting 2 questions about sources of income.
  • No confrontation clause violation in excluding D's cross exam of W re bribery where W's credibility extensively impeached on other issues.
  • D did not demonstrate abuse of discretion in court control of cross-examination, nor prosecutorial misconduct in repetitive questioning.
  • Court’s discretion to limit X-exam doesn’t infringe D’s constitutional right to confront Ws against him unless it might reasonably have produced much different view of W’s credibility.
  • 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.