CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Witness Credibility Evidence
......Threats and Fear of Retaliation
10 Cards On This Topic:

Where W testified about a threat contained in a letter, trial court properly allowed jury to hear entire contents of letter under EC §356 so it could decide the issue of threat and W's credibility.

Evidence that DA's W received phone call “from someone” that made her afraid to testify was properly admitted for the limited purpose of showing its effect on her credibility as a witness.

No error in permitting 3 witnesses to testify about their fear in testifying, and incidents related to that fear, as relevant to jury's assessment of their credibility.

No error in admitting testimony that W was sent letters from prisons threatening her and sons where D did not object below and testimony relevant to W's credibility.

No error in overruling objections to Ws' stmts where they did not repeat threats Ds made but merely showed Ws were afraid of Ds and were part of the circumstances in which the statements were made, thus relevant to credibility.

Trial court did not abuse its discretion in refusing to exclude evidence that D's sister threatened and attacked a witness in an effort to intimidate him from testifying.

W's state of mind when he testified after being threatened by D's sister had no necessary connection with truth of his earlier taped statement incriminating D.

Witness' testimony that she feared for life and was intimidated by D relevant to credibility, properly admitted and did not warrant mistrial.

Evidence a witness threatened by others and fearful of retaliation relates to witness's credibility and is admissible.

Evidence that W afraid to testify is admissible as relevant to credibility; need not show threats against W were made by D personally.