RELEVANCERELEVANCE

RELEVANCERELEVANCE

THE MOST BASIC ISSUE ALWAYS:THE MOST BASIC ISSUE ALWAYS:

IS THE EVIDENCE RELATED?IS THE EVIDENCE RELATED?

RELEVANCERELEVANCE

APPLICABLE STATUTES/RULESAPPLICABLE STATUTES/RULES

FRE 401-403FRE 401-403

Evid. Code §§ 140, 210, 350-352Evid. Code §§ 140, 210, 350-352

RELEVANCERELEVANCE

FRE 401:FRE 401: Evidence having:Evidence having:

Any tendencyAny tendency To make the existence of any factTo make the existence of any fact That is of consequence in the actionThat is of consequence in the action More or less probableMore or less probable Than it would be without the evidenceThan it would be without the evidence

RELEVANCERELEVANCE

Evid. Code § 140 – defines evidenceEvid. Code § 140 – defines evidence Things offered to prove the existence or Things offered to prove the existence or

non-existence of a factnon-existence of a fact

Evid. Code § 210 – defines relevant Evid. Code § 210 – defines relevant evid.evid. Evid. Having any tendency to prove or Evid. Having any tendency to prove or

disprove any DISPUTED fact of disprove any DISPUTED fact of consequence in the actionconsequence in the action

RELEVANCERELEVANCE

FRE 402 – Rule of AdmissibilityFRE 402 – Rule of Admissibility

All relevant evid. is admissible (except All relevant evid. is admissible (except as otherwise provided by law)as otherwise provided by law)

Evid. Which is not relevant is not Evid. Which is not relevant is not admissibleadmissible

RELEVANCERELEVANCE

Evid. Code § 350Evid. Code § 350 Only relevant evidence is admissibleOnly relevant evidence is admissible

Evid. Code § 351Evid. Code § 351 All relevant evidence is admissible All relevant evidence is admissible

(except as otherwise provided by law)(except as otherwise provided by law)

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WEIGHING – Probative v. PrejudiceWEIGHING – Probative v. Prejudice

True battleground on issues of True battleground on issues of relevancerelevance

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Court may exclude relevant evidence if:Court may exclude relevant evidence if:

Probative value is substantially outweighed Probative value is substantially outweighed by:by:

Unfair prejudice; orUnfair prejudice; or Undue consumption of time; orUndue consumption of time; or Confusing the issues; orConfusing the issues; or Misleading the juryMisleading the jury

FRE 403 & Evid. Code § 352FRE 403 & Evid. Code § 352

RELEVANCERELEVANCE

Concept of MaterialityConcept of Materiality

The evid. is directed at a proposition The evid. is directed at a proposition that is properly provable in the that is properly provable in the actionaction

Materiality is framed by the Materiality is framed by the pleadings and the controlling law pleadings and the controlling law

RELEVANCERELEVANCE

HYPO # 1 – Assault caseHYPO # 1 – Assault case A beats up B and is charged with A beats up B and is charged with

assault with force likely to produce assault with force likely to produce great bodily injury great bodily injury Are any of these factors material:Are any of these factors material: Victim’s age, gender, size, ethnicity, Victim’s age, gender, size, ethnicity,

sobriety sobriety Same factors for defendant Same factors for defendant

Are these factors Relevant? Material?Are these factors Relevant? Material?

RELEVANCERELEVANCE

Hypo # 2: Mehserle caseHypo # 2: Mehserle case

Officer’s history of violence, racial animosity, Officer’s history of violence, racial animosity, criminal history, fatherhoodcriminal history, fatherhood

Victim’s history of violence, police animosity, Victim’s history of violence, police animosity, criminal history, fatherhoodcriminal history, fatherhood

Is this type of evidence relevant? Is it Is this type of evidence relevant? Is it material?material?

RELEVANCERELEVANCE

HYPO #3HYPO #3

MURDER IN SEPTEMBER – 2 DefendantsMURDER IN SEPTEMBER – 2 Defendants In January 2In January 2ndnd defendant arrested with a defendant arrested with a

gungun Gun is not one of the murder weaponsGun is not one of the murder weapons

Is this fact relevant?Is this fact relevant? Is this fact Material?Is this fact Material?

RELEVANCERELEVANCE

HYPO #4HYPO #4 DV event occurs in March – GF DV event occurs in March – GF

catches BF in bed with another catches BF in bed with another woman: she attacks him and then he woman: she attacks him and then he beats her more than necessary to beats her more than necessary to defend himselfdefend himself

Both parties want to put in evidence Both parties want to put in evidence re: key, which in turn requires re: key, which in turn requires evidence of nature of relationshipevidence of nature of relationship

Relevant? Material?Relevant? Material?

RELEVANCERELEVANCE

HYPO #5HYPO #5

Homicide in April – GF kills BF – claims gun Homicide in April – GF kills BF – claims gun accidentally discharged/his presence accidentally discharged/his presence unknownunknown

She say argued earlier over kiss IFO 10 yr She say argued earlier over kiss IFO 10 yr oldold

Prior Halloween costume in car photosPrior Halloween costume in car photos Relevant?Relevant? Material?Material?