CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Relevance
......Admissibility of Relevant Evidence
.........Cases: In General
 20 Cards On This Topic:
  • Photographs of victim's body at the crime scene and autopsy were properly admitted under EC §352.
  • No abuse of discretion in admitting evidence of defendant's prior bad acts under Evid. Code §352.
  • Trial ct.'s denial of defendant's request to wear his wedding ring in the courtroom was a proper act of discretion under EC §352.
  • No abuse of discretion in excluding some proffered evidence of childhood abuse where it either cumulative of "a tremendous amount of [similar] testimony," or D's counsel never argued certain aspects of the abuse.
  • D not prevented from introducing evidence of his mental problems, nor from impeaching family members who claimed not to know of these problems; he was permitted to introduce extensive evidence relevant to his mental defense.
  • Semen evidence from D's shorts properly admitted—because the underwear belonged to D, it could be inferred he was the source of the semen, and 12 hrs. between crimes and arrest led to inference he was still wearing same clothes.
  • Evidence D’s 2 1/2 yr-old son, an eyewitness, had nightmares and woke up screaming, was relevant to the evaluation of his testimony.
  • Exclusion of certain testimony of D’s sister and a friend did not violate his right to have penalty jury hear all relevant, mitigating evidence.
  • W's gang affiliation relevant under EC 210 as W and D belonging to same gang explained why D would have made incriminating statements about murder to W; detective's testimony impeached W's inconsistent statements.
  • Newspapers in D's home about child molest case and father setting fire to son admissible as indicia of D's mental condition that led to crime, and as evidence he was planning or contemplating such a crime.
  • Testimony by women friends that D would be in San Diego at time one of their housemates was raped was relevant under EC 210 and bolstered DA theory that rejections by women triggered D's rape and murder spree.
  • Rule allowing D to present all relevant mitigating evidence has not abrogated Evidence Code.
  • Relevant evidence may be excluded by statute or constitutional provision.
  • Evidence of defendant's drug use in vehicular manslaughter and reckless driving case was relevant and properly admitted under EC §352.
  • No abuse of discretion under EC §352 by admitting nearly 100 images [out of 18,000] of child and adult pornography confiscated from D's home to prove porn possession and molestation.
  • Anecdotal evidence of two similar handgun/taser confusion incidents by police would have added little to jury’s evaluation of D’s conduct in shooting V and did not rise to the level of new evidence to warrant a new trial.
  • Evidence obtained in violation of statute or regulation is not per se inadmissible.
  • Probative facts are admissible.
  • Relevant evidence need not bear directly upon issue.
  • Relevant fact may be proved by direct or circumstantial evidence.


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