Can a witness testify against a defendant who made threats against the witness?

California, United States of America


The following excerpt is from People v. Muriel, G049226 (Cal. App. 2015):

"'Evidence that a witness is afraid to testify or fears retaliation for testifying is relevant to the credibility of that witness and is therefore admissible. [Citations.] An explanation of the basis for the witness's fear is likewise relevant to [his or] her credibility and is well within the discretion of the trial court. [Citations.]' [Citations.]" (People v. McKinnon (2011) 52 Cal.4th 610, 668 (McKinnon).) "[T]here is no requirement to show threats against the witness were made by the defendant

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