Can a jury consider the existence of bias, interest or other motive for a witness to testify untruthfully?

California, United States of America


The following excerpt is from People v. Payne, E057365 (Cal. App. 2013):

Evidence Code section 780, subdivision (f), allows a jury to consider the existence of a witness's "bias, interest, or other motive" for testifying untruthfully. Evidence Code section 352 authorizes a trial court to "exclude evidence if its probative value is substantially outweighed by the probability that its admission will (a) necessitate undue consumption of time or (b) create substantial danger of undue prejudice, of confusing the issues, or of misleading the jury." A trial court's Evidence Code section 352 ruling is reviewed for an abuse of discretion. (People v. Linton (2013) 56 Cal.4th 1146, 1181.)

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