What is the test for "were they lying" in a criminal case?

California, United States of America


The following excerpt is from People v. Shields, C070420 (Cal. App. 2015):

People v. Hawthorne (2009) 46 Cal.4th 67, 98, abrogated on other grounds as stated in People v. McKinnon (2011) 52 Cal.4th 610, 637, illustrates when "were they lying" questions might be permissible. In Hawthorne, the defendant testified he was a mere bystander who rode off on a victim's bicycle as the victim fought with two people who had ordered the victim off the bicycle. (Hawthorne, at p. 96.) Contrary to a deputy sheriff's testimony about arresting two suspects at the scene, the defendant testified he was arrested alone elsewhere. The prosecutor asked the defendant if the deputy had lied.

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