CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Destruction/Failure to Disclose Evid.
......Failure to Disclose/In General
5 Cards On This Topic:
  • Failure to produce stronger evidence means weaker evidence viewed with distrust.
  • Failure to produce stronger evidence means weaker evidence viewed with distrust. (Jury Instruction.)
  • If a party concealed or destroyed evidence, inference may be drawn that evidence was unfavorable.
  • Defendant did not establish a Brady violation where he did not show that an undisclosed police report was favorable or material to his case.
  • Trial ct. properly drew negative influences against attorney who refused to produce/destroyed electronic files of time records related to fee request.