ONCALL
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Evidence
......Witness Credibility Evidence
8 Cards On This Topic:
Evidence of threats to a witness are admissible as relating to the witness’ credibility.
First-degree burglary of a dwelling is a crime involving moral turpitude.
Eyewitness testimony may be relevant and admissible, but that does not make it reliable.
Defendant's prior felony convictions properly admitted to impeach defendant's exculpatory statement that he committed misdemeanor theft but not felony robbery.
While D's testimony at his first sexually violent predator (SVP) trial was compelled, it was properly used to impeach D at his second SVP trial.
While the jury’s verdict in an SVP trial must be unanimous, unanimity is not required as to each element of an SVP finding, including the specific mental disorder afflicting respondent.
The determination that a prior criminal act is a crime of moral turpitude is tantamount to finding that it may be used for impeachment, subject to the trial court’s discretion under EC §352.
Where the conduct underlying a defendant's prior felony conviction has significant probative value, evidence of the underlying conduct may be introduced upon impeachment of defendant.