ONCALL
...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.