CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Method of Exam: Cross-Exam
......Testing Credibility of Witness
.........Case Applications: Criminal
............Credibility Attack Permitted
11 Cards On This Topic:
  • Right of confrontation paramount over policy of protecting juvenile offender; includes right of cross-exam.
  • When prosecution's case turns on credibility of a witness, D must be given maximum opportunity to cross-examine and test credibility.
  • D's past physical abuse of infant niece probative of his credibility as self-described non-violent disciplinarian, involved possible acts of violent physical discipline or abuse to a child and were properly admitted under EC 352.
  • No absolute bar to DA’s use of testimony from previous trial at which D received ineffective assistance of counsel. to impeach witnesses at retrial.
  • Contradictory testimony doesn’t show incapacity to understand duty of truth, or to express self coherently; if D contended testimony incompetent because W was lying, this was credibility issue for jury and not relevant to competency.
  • DA’s line of questioning re statement rape V made to witness was relevant to witness’ credibility and D’s objections properly overruled.
  • DA's attempted impeachment of defense investigator re improper conduct suspension when he was a policeman was not misconduct as there was some good faith basis for questions.
  • Trial court may impose reasonable limits on defense's cross-examining expert witness based on newspaper articles re nature of charges pending against him.
  • Medical expert properly impeached in denying use of public resources for private work in case; tended to show abuse of public trust to advance own endeavors, and dishonesty.
  • D's counsel entitled to latitude while exploring bias in DA's witnesses.
  • Cases discussing various aspects of attacking credibility of witnesses.