What is the current state of the law on credibility questions?

California, United States of America


The following excerpt is from People v. Mackey, F063290 (Cal. App. 2013):

176 F.3d 1214; United States v. Richter (2nd Cir. 1987) 826 F.2d 206.) "'The courts in these cases explain that these questions infringe on the jury's right to make credibility determinations [citations], or that the questions are misleading because they suggest that the only explanation for the discrepancy between defendant's testimony and the other witness' testimony is that one of them is lying [citations]. Moreover, the questions might be considered misleading or calling for a conclusion in that they suggest that the defendant can know what another witness was thinking.' [Citation.]" (People v. Zambrano (2004) 124 Cal.App.4th 228, 239.)

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