What is the current state of the law on the doctrine of 'proper rebuttal evidence'?

California, United States of America


The following excerpt is from People v. Williams, F069383 (Cal. App. 2016):

"'If evidence is directly probative of the crimes charged and can be introduced at the time of the case in chief, it should be.' [Citation.] '[P]roper rebuttal evidence does not include a material part of the case in the prosecution's possession that tends to establish the defendant's commission of the crime. It is restricted to evidence made necessary by the defendant's case in the sense that he has introduced new evidence or made assertions that were not implicit in his denial of guilt.' [Citation.] [] The reasons for the restrictions on rebuttal evidence are 'to (1) ensure the orderly presentation of evidence so that the trier of fact is not confused; (2) to prevent the prosecution from "unduly magnifying certain evidence by dramatically introducing it late in the trial;" and (3) to avoid "unfair surprise" to the defendant from sudden confrontation with an additional piece of crucial evidence.'" (People v. Mayfield (1997) 14 Cal.4th 668, 761.)

Other Questions


What is the current state of the law on the doctrine of "nothing the attorneys say constitute evidence"? (California, United States of America)
What is the current state of California Evidence Code section 356, which prohibits the use of "self-serving or self-serving" statements in evidence? (California, United States of America)
What is the current state of the law in Ontario on the interpretation of the evidence under section 352 of the Evidence Code? (California, United States of America)
What is the current state of the law on the interpretation of evidence under the Evidence Code section 352? (California, United States of America)
What is the current state of California Evidence Code section 356, which prohibits the use of "self-serving or self-serving" statements in evidence? (California, United States of America)
What is the current state of the law on discretion of the trial court in assessing the probative value of evidence under section 352 of the Evidence Code? (California, United States of America)
What is the current state of the law on the doctrine of "substantial evidence" in a sexual assault case? (California, United States of America)
What is the current state of the law on the interpretation of evidence section 356 of the Alberta Evidence Code? (California, United States of America)
What is the current state of the law on misconduct when a prosecutor makes a closing argument stating facts that are not in evidence? (California, United States of America)
What is the current state of the law in cases where unprotested evidence is a dominant part of the evidence? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.