ONCALL
...Evidence
......Relevance
 54 Cards On This Topic:
  • Admitting rap song "Bang, Bang," where no evidence D wrote, sang, produced, or even listened to it, was an abuse of discretion under EC §352 as risk of undue prejudice substantially outweighed probative value.
  • Trial ct. erred in ruling vehicle dash cam videos captured F's "confidential communications" with Cs in violation of the Privacy Act.
  • Fox News videos on Death Squad gang, although graphic, had substantial probative value in establishing motive for V’s killing and other gang crimes.
  • D's in limine objection to certain testimony of DA's DUI expert failed as it was not on a legal ground raised on appeal and not made at a time the judge could determine the evidentiary question in its appropriate context.
  • Trial ct.'s inquiry into poems written by a juror, and any impact on other jurors' verdicts, was sufficient, "especially considering the innocuous content" of the poems.
  • Trial ct. did not violate the collateral source rule by admitting brief expert testimony that P would have Medicare insurance at age 65.
  • Unconsented-to recordings of H's verbal abuse of W were relevant and properly admitted under the exception for a DV victim seeking a DVRO.
  • Trial court erred in admitting evidence about allegedly retaliatory activity that occurred before P filed EEO complaints.
  • Mother's audio-visual recordings of her visits with C inadmissible at termination hearing where C was court ward and her counsel did not consent to the recordings.
  • Though court sustained objections as hearsay and speculation, testimony as to whether D was sincere in his efforts to stop using drugs was properly excluded as it was irrelevant to his mental state on day of murder.
  • No reversible error in admitting victim impact testimony before ruling on D's petition where D forfeited his argument and court based its decision on evidence, not on the VI statements.
  • In the penalty phase, the defendant has a broad right to introduce mitigating or lingering doubt evidence.
  • Sexually graphic material is admissible if it is relevant to the charged offense.
  • The photographic images provided jurors with visual information beyond what testimony could offer; they bolstered testimony concerning the nature of the offense.
  • Sympathetic image of victim with her dog not overly prejudicial.
  • Victim impact evidence about the effect a child's death had on the school and about her funeral properly admitted.
  • Meeting properly recorded where DVRO gave DV victim permission to record communications and where restrained party's attorney was aware of the order.
  • Failure to make an offer of proof as to the impeachment evidence that might have been elicited on cross-examination forfeits the issue on appeal.
  • An inference that the dangerous condition of the stairs caused appellant’s fall was proper.
  • Rap lyrics properly admitted as evidence of “mental state,” not for their literal truth.
  • While jurors' statements are viewed with caution, evidence of statements which in and of themselves would constitute misconduct are admissible.
  • W's financial condition properly admitted as impeachment evidence regarding her ability to purchase property.
  • Evidence of unpaid medical bills is relevant to past medical damages only if P can show he actually incurred those amounts.
  • Where proponent did not make an offer of proof of substance of the excluded evidence the appellate court cannot assess prejudice.
  • Rules for determining admissibility of gruesome crime photos restated.
  • Jury's viewing patrol car with 30 bullet holes in it was not barred by section 352.
  • Mannequins may be used as illustrative evidence to assist the jury in understanding the testimony of witnesses or to clarify circumstances of the crime.
  • Pen. Code §632.7 prohibits parties as well as nonparties from intentionally recording a cellular or cordless communications without the consent of all parties to the communication.
  • Victim impact evidence is not limited to deceased victim; can include other person injured during crime.
  • Relevant evidence summarized.
  • Testimony about how V's death affected the witness does not run afoul of the Eighth Amendment.
  • Absent some special feature which effectively blindsides the jury, expert opinion testimony is not subject to Kelly.
  • Expert witness' composite videos of melee between defendant and others, taken from surveillance and cell phone videos, were properly admitted under EC §352.
  • Expert witness' composite videos of melee between defendant and others, taken from surveillance and cell phone videos, were not subject to Kelly-Frye test. [Dicta.]
  • Admission of photograph of victim violated relevancy rules, but defendant did not suffer prejudice due to the error.
  • To the extent PC §632(d) required the suppression of relevant evidence in a criminal proceeding, it was abrogated by the passage of Prop. 8.
  • Defendant's rap lyrics improperly admitted into evidence under EC §352 where their prejudicial nature substantially outweighed their minimal probative value; error was harmless.
  • Admission of photograph of victim violated relevancy rules, but defendant did not suffer prejudice due to the error.
  • Autopsy photos of child murder victims were not so gruesome and inflammatory that their admission was unduly prejudicial under EC §352.
  • The admission of computer animation as demonstrative evidence of expert testimony did not violate EC §352.
  • Snapchat story about a firearm from defendant's phone was properly admitted under Evid. Code §352 to prove defendant knew that he received and possessed firearm, and was not unduly inflammatory.
  • Note of child molestation victim referencing defendant's abuse properly admitted under Evid. Code §352 where it was not improperly prejudicial or inflammatory, and where other evidence corroborated its contents.
  • In sexual abuse case, prejudicial error to limit evidence of teacher's misconduct to acts of touching students while excluding his other acts relevant to a history of escalating inappropriate conduct left unchecked by school.
  • D's confrontation rights not violated where trial ct. properly explored prosecution witness' claim of privilege and instructed the parties not to ask questions that would prompt its invocation.
  • Trial ct. did not err in admitting rap lyrics into evidence where they were relevant and no prejudice was demonstrated.
  • Where defense counsel opened the door on cross-examination by misleadingly diminishing amount of evidence of child pornography, trial ct. correctly allowed prosecution to admit further images.
  • Defendant's statement that he wanted his gun back so he could sell it for money was not unduly prejudicial and therefore not erroneously admitted under EC §352.
  • Photographs of victim's body at the crime scene and autopsy were properly admitted under EC §352.
  • In a products liability action, whether evidence of industry custom and practice may be introduced depends upon the purpose for which the evidence is offered.
  • Evidence of defendant's drug use in vehicular manslaughter and reckless driving case was relevant and properly admitted under EC §352.
  • Trial ct. did not err in admitting rap lyrics into evidence where they were relevant and no prejudice was demonstrated.
  • Trial ct. properly excluded witness testimony purportedly showing that child-victim sought out the companionship of adult men where it did not tend to prove or disprove that defendant engaged in molestation of victim.
  • Testimony that plaintiff knew another employee had been terminated for reporting sexual harassment properly excluded under EC §352.
  • In a criminal proceeding, a confidential communication recorded without the consent of all parties to the communication is admissible if relevant and not subject to exclusion under the U.S. Constitution.


    •