Are third party threats relevant to the credibility of a witness?

California, United States of America


The following excerpt is from People v. Von Schert, G052047 (Cal. App. 2017):

likewise relevant to her credibility and is well within the discretion of the trial court. [Citations.]' [Citations.]" (People v. Mendoza (2011) 52 Cal.4th 1056, 1084.)

Defendant repeatedly asserts there was no evidence he orchestrated the threats. But, third party threats are relevant to a witness's credibility "whether or not the threat is directly linked to the defendant. [Citations.]" (Mendoza, supra, 52 Cal.4th at p. 1084.) That is because a witness's demeanor while testifying is always relevant to his or her credibility. (People v. Lopez (2013) 56 Cal.4th 1028, 1064; overruled on other grounds in People v. Rangel (2016) 62 Cal.4th 1192, 1216; see CALCRIM No. 226.)

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