What is the test of relevance and credibility for determining the admissibility of evidence in a sexual assault case?

California, United States of America


The following excerpt is from People v. Rollen, D067473 (Cal. App. 2015):

Only relevant evidence is admissible (Evid. Code, 210, 350), "and all relevant evidence is admissible unless excluded under the federal or California Constitution or by statute. (Evid. Code, 351; see also Cal. Const., art. I, 28, subd. (d).)" (People v. Heard (2003) 31 Cal.4th 946, 973.) "The test of relevance is whether the evidence tends 'logically, naturally, and by reasonable inference' to establish material facts such as identity, intent, or motive." (People v. Garceau (1993) 6 Cal.4th 140, 177.) Further, with respect to determining the credibility of a witness, the jury may consider any matter

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that has a tendency in reason to prove or disprove the truthfulness of his testimony at the hearing, including but not limited to: a witness's character for honesty or veracity or their opposites; the existence or nonexistence of a bias, interest, or other motive; his attitude toward the action in which he testifies or toward the giving of testimony; and his admission of untruthfulness. (Evid. Code, 780.) "We review for an abuse of discretion the trial court's rulings on the admissibility of evidence." (People v. McCurdy (2014) 59 Cal.4th 1063, 1095.)

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