How has the court considered whether a witness was intoxicated at the time of the event?

California, United States of America


The following excerpt is from People v. Huerra, F059689, Super. Ct. No. VCF224734 (Cal. App. 2011):

In People v. Singh (1937) 19 Cal.App.2d 128 and People v. Salladay (1913) 22 Cal.App. 552, the issue addressed was the intoxication of the witness at the time of the events to which he was testifying. Singh held that the trial court erred in precluding questions about whether a witness was intoxicated at the time of the events because such testimony is relevant to the credibility of the witness. (Singh, at p. 129.) In Salladay the issue was whether the trial court improperly sustained objections to questions about whether a witness was intoxicated at the time of the event in question. The court acknowledged that intoxication of a witness is relevant because intoxication can interfere with a person's "power of perception, the accuracy of his deductions and the integrity of his memory." (Salladay, at p. 555.) These cases do not suggest that the truthfulness of a witness is suspect simply because he was intoxicated at the time of the event.

Fourth, Huerra did not object to the instruction as given, thus resulting in a forfeiture of the argument.

Other Questions


If a witness has been struck off by the court, what is the standard applicable to whether the witness is legally unavailable? (California, United States of America)
Is a witness who gives evidence at a joint trial considered a witness against a defendant if the jury is instructed to consider that testimony only against a codefendant? (California, United States of America)
Does the court have to add an instruction to the jury that, in the event the jury found defendant guilty of the lesser included charge of involuntary manslaughter, it should also consider whether he personally used an assault weapon or firearm? (California, United States of America)
Is a witness who gives evidence at a joint trial considered a witness against a defendant if the jury is instructed to consider that testimony only against a codefendant? (California, United States of America)
Does a witness who disowns his out-of-court identification have an opportunity to question the witness on the witness stand? (California, United States of America)
What factors will a court consider when determining whether a military witness is unavailable? (California, United States of America)
In what circumstances will the Court consider whether there is sufficient evidence to support a motion to dismiss an application for relief from the Court of Appeal? (California, United States of America)
Is a witness who gives evidence at a joint trial considered a witness against a defendant if the jury is instructed to consider that testimony only against a codefendant? (California, United States of America)
Whether a court's ruling is based on oral testimony or written declarations, when conflicting inferences can reasonably be drawn from the facts, can the appellate court defer to the trial court's factual determinations? (California, United States of America)
When a witness gives evidence that incriminating statements should not be considered as evidence by a jury, when the witness is a codefendant, what should the court say? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.