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)
RELEVANCERELEVANCE
WEIGHING – Probative v. PrejudiceWEIGHING – Probative v. Prejudice
True battleground on issues of True battleground on issues of relevancerelevance
RELEVANCERELEVANCE
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?
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