When will a jury consider the credibility of a defendant's extrajudicial statements against trial testimony and the physical evidence and testimony of witnesses?

California, United States of America

The following excerpt is from People v. Belmontes, 248 Cal.Rptr. 126, 45 Cal.3d 744, 755 P.2d 310 (Cal. 1988):

There were other crucial points of conflict between defendant's extrajudicial statements and trial testimony on the one hand, and the physical evidence and testimony of witnesses on the other. Without belaboring the point, our review of the record indicates that these and other such conflicts were hardly "tangential, collateral and of little importance." "[I]f the defendant tenders an explanation which, while superficially accounting for his activities, nevertheless seems bizarre or implausible, the inquiry whether he reasonably should have known about circumstances claimed to be outside his knowledge is a credibility question for resolution by the jury [citations]." (People v. Mask (1986) 188 Cal.App.3d 450, 455, 233 Cal.Rptr. 181.)

8. Doyle--Massiah Error

Other Questions

Is a witness who gives evidence at a joint trial considered a witness against a defendant if the jury is instructed to consider that testimony only against a codefendant? (California, United States of America)
Is a witness who gives evidence at a joint trial considered a witness against a defendant if the jury is instructed to consider that testimony only against a codefendant? (California, United States of America)
Is a witness who gives evidence at a joint trial considered a witness against a defendant if the jury is instructed to consider that testimony only against a codefendant? (California, United States of America)
When a defendant's extrajudicial statements form part of the prosecution's evidence, does the trial court have to instruct sua sponte that a finding of guilt cannot be predicated on the statements alone? (California, United States of America)
What is the test for admissible testimony at a civil trial of a witness giving evidence in a testimony that was not in the context of the trial? (California, United States of America)
Can a defendant challenge the testimony of a witness at trial on the grounds that an earlier out-of-court statement was the product of police coercion? (California, United States of America)
Does Defendant have a reciprocal obligation to disclose all relevant evidence obtained before trial, including rebuttal evidence it intends to use at trial? (California, United States of America)
Does the absence of a witness from the jurisdiction of a preliminary hearing preclude a defendant from giving evidence at trial of his preliminary hearing testimony? (California, United States of America)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
In a dual jury trial where two defendants have admitted extrajudicial statements against one defendant, what is the procedure in which one of the juries is to be excused? (California, United States of America)
X



Whitelogo nobg 300dpi sm


"The most advanced legal research software ever built."


Trusted by top litigators from across North America.






Grey70logo nobg 96dpi sm


Company

  • About
  • Mission
  • Testimonials
  • Careers
  • Contact

    • Product

  • How It Works
  • Memo Structure
  • Sample Memos
  • Best Practices

    • Resources

  • Blog
  • Caselaw Roundup
  • Terms of Service
  • Privacy Policy


    • © Copyright 2022 Alexsei Inc. All rights reserved.