What is the test for abuse of abuse of credibility under California Evidence Code section 791?

California, United States of America


The following excerpt is from People v. VINCI, G042843, No. 07ZF0015 (Cal. App. 2011):

"Except as otherwise provided by statute, the court or jury may consider in determining the credibility of a witness any matter that has any tendency in reason to prove or disprove the truthfulness of his testimony at the hearing, including . . . [] . . . [] (g) A statement previously made by him that is consistent with his testimony at the hearing." (Evid. Code, 780, subd. (g).) But Evidence Code section 791 generally renders "[e]vidence of a statement previously made by a witness that is consistent with his testimony at the hearing . . . inadmissible to support his credibility unless it is offered after: [] . . . [] (b) [a]n express or implied charge has been made that his testimony at the hearing is recently fabricated or is influenced by bias or other improper motive, and the statement was made before the bias, motive for fabrication, or other improper motive is alleged to have arisen." We review the trial court's ruling for abuse of discretion. (People v. Thornton (2007) 41 Cal.4th 391, 428.)

Other Questions


When will a court not abuse its discretion in admitting evidence under Evidence Code section 352 of the California Evidence Code? (California, United States of America)
What is the abuse of the abuse standard for exclusion of evidence under section 1154 of the Evidence Code? (California, United States of America)
Does the application of "ordinary rules of evidence" such as section 352 of California Evidence Code section 352 violate a defendant's constitutional rights? (California, United States of America)
What is the effect of section 356 of the California Evidence Code on the interpretation of the meaning of section 46(1) of the word "admissible in evidence"? (California, United States of America)
What is the effect of section 702 of California Evidence Code section 702 (a) of the Evidence Code? (California, United States of America)
Does the question of whether the evidence was properly admitted under the California Evidence Code section 352 need to be reviewed for abuse of discretion? (California, United States of America)
Does the Court have authority to exclude evidence where a defendant has been found to be contrary to the evidence code under section 352 of the California Evidence Code? (California, United States of America)
Does admitting evidence pursuant to California Evidence Code section 1237 impermissibly deny defendants their constitutional rights to confrontation and cross-examination? (California, United States of America)
What is the power of the trial court to exclude evidence under section 352 of the California Evidence Code? (California, United States of America)
Does section 1108 of the California Code of Civil Procedure, Section 1108, allow for "propensity evidence" in sexual assault cases? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.