CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Relevance
......Collateral Evidence
 17 Cards On This Topic:
  • Collateral evidence defined.
  • Having W's atty testify in rebuttal was not taking unfair advantage of D where testimony did not by itself establish guilt nor was it directly probative of crimes but rather was collateral evidence bearing on W credibility.
  • Purpose of trial court's discretion to exclude impeachment evidence under EC 352 is "'to prevent criminal trials from degenerating into nitpicking wars of attrition over collateral credibility issues.'"
  • No abuse of discretion in precluding evidence linking accomplice to a crime for which Ds were not on trial where it would have been collateral, and created a substantial danger of confusing issues.
  • Admission of collateral evidence in one instance does not necessitate admission of similarly collateral evidence in another instance.
  • D's expert testimony, proposed to impeach W's credibility, properly excluded as collateral to trial issues.
  • Evid. Code §780 (i) doesn't give parties unbridled right to prove nonexistence of any fact W testified to; no miscarriage of justice resulted from excluding redacted tape interview.
  • Although about a collateral matter, witness's testimony flatly contradicted D's testimony on direct and was admissible and relevant to D's credibility.
  • No error to exclude evidence of V's pending misdemeanor cases where irrelevant to V's credibility and criminal conduct did not involve moral turpitude.
  • Court need not allow unlimited inquiry into collateral issues.
  • Collateral evidence may be excluded if it is prejudicial and time consuming.
  • Because videotape of crime scene could aid jurors in evaluating D's testimony, and risks of undue prejudice minimal, court properly allowed its admission to impeach D.
  • Contradiction of account of material transaction is allowable impeachment.
  • Collateral evidence has no independent relevance apart from its impeachment value.
  • Collateral evidence not necessarily irrelevant.
  • Cross-examination may not be on collateral fact in order to present contradictory evidence.
  • Cases discussing admissibility of collateral evidence.


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