CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Character and Reputation Evidence
......Habit or Custom to Prove Conduct
.........Criminal Examples
6 Cards On This Topic:
  • DA's asking W why he asked D to leave his home [he "stay[ed] out too late"] proper as answer relevant to establish D's habit of roaming about late at night where offenses committed at night and early morning.
  • No constit'l error in excluding evidence of W's habitual drug use where no evidence he used drugs on day of crimes or was habitual user, and defense did not call expert re effect of habitual meth use on perception/recall.
  • Daughter who lived across the street from V for 14 yrs and was close to her, qualified to testify as to V's habit and custom of keeping a tidy home and that V would not have left it in the disarray in which police found it.
  • Evidence of habitual drug use proper to establish use of drugs on date in question.
  • Habit evidence may be used to prove conduct in conformity with such habits.
  • Evidence of victim's habit pattern sufficient to establish key element of burglary, i.e., that vehicle locked.