Can a defendant argue that a witness's entire testimony is unreliable and unreliable?

California, United States of America


The following excerpt is from People v. Lee, C086770 (Cal. App. 2019):

Given defendant's charge that Asia's entire testimony lacked credibility and was unreliable, the People urge us to follow Brents, which stands for the proposition that where a defendant argues a witness's entire testimony is unreliable, the entirety of that witness's prior consistent statements are admissible to rehabilitate that witness. (People v. Brents (2012) 53 Cal.4th 599, 616.) This is not a case like Riccardi, where the prior consistent statement contains statements not made at trial or incidents not previously related to the jury. Indeed, Asia's prior statements pertained only to the events in question and covered topics elicited during her direct and cross-examination. Defendant does not allege, nor could we conclude, that testimony regarding Asia's prior statements

Page 21

added facts to Asia's testimony or character indictments of defendant as was the case in Riccardi.

Other Questions


Can a defendant argue that a witness's entire testimony is unreliable and unreliable? (California, United States of America)
Does Defendant have any grounds to argue that the Court's recent rulings in a civil case against the Defendant violated the Defendant's civil rights? (California, United States of America)
In a personal injury action brought by a defendant in a civil case, is there any issue to argue on defendant's behalf? (California, United States of America)
Does Defendant have grounds to argue that a conviction or acquittal in a murder case against Defendant violated the prohibition against double jeopardy? (California, United States of America)
Can a defendant argue that a statement made by defendant to a witness was inadmissible under the California Evidence Code? (California, United States of America)
Does the Defendant have any grounds to argue that it was error to deny the Defendant's motion to dismiss the Motion to Dismiss under section 995 of the Penal Code? (California, United States of America)
When will a jury consider the credibility of a defendant's extrajudicial statements against trial testimony and the physical evidence and testimony of witnesses? (California, United States of America)
Does the trial court abuse its discretion when it denied a defendant's motion to exclude the testimony of Page 35 of the Defendant's lawyer as more prejudicial than probative? (California, United States of America)
Does Defendant have a valid claim to be able to claim damages from a defendant who has been found guilty of a similar claim against the Defendant? (California, United States of America)
Does a defendant have any authority for the proposition that the exclusion of testimony based upon the incompetence of the witness or the absence of foundation for the testimony? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.