In what circumstances will a court allow a plaintiff's former wife to testify that he was a "moderate user" of alcohol?

California, United States of America


The following excerpt is from People v. Merriman, A135140 (Cal. App. 2013):

Thus, in Kovacs v. Sturgeon (1969) 274 Cal.App.2d 478, 485-487, the issue was the plaintiff's level of intoxication at the time he was struck by a car. After the plaintiff testified he did not habitually use alcohol every night and was a "very moderate user," the trial court allowed the plaintiff's former wife to testify he "used intoxicating liquors frequently." The appellate court found no error, concluding the inquiry of the wife was

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relevant for "impeachment purposes." (Ibid.) Also, in People v. Franklin (1994) 25 Cal.App.4th 328, 335, the appellate court held a previous lie of a particular sorta false accusation of molestationis probative of whether a current statement of the same sort is true.

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