1. RELEVANCE

2. RELEVANCE THE MOST BASIC ISSUE ALWAYS: IS THE EVIDENCE RELATED? IS THE EVIDENCE RELATED?

3. RELEVANCE APPLICABLE STATUTES/RULES FRE 401-403 FRE 401-403 Evid. Code §§ 140, 210, 350-352 Evid. Code §§ 140, 210, 350-352

4. RELEVANCE FRE 401: FRE 401: Evidence having: Evidence having: Any tendency Any tendency To make the existence of any fact To make the existence of any fact That is of consequence in the action That is of consequence in the action More or less probable More or less probable Than it would be without the evidence Than it would be without the evidence

5. RELEVANCE Evid. Code § 140 – defines evidence Evid. Code § 140 – defines evidence Things offered to prove the existence or non- existence of a fact Things offered to prove the existence or non- existence of a fact Evid. Code § 210 – defines relevant evid. Evid. Code § 210 – defines relevant evid. Evid. Having any tendency to prove or disprove any DISPUTED fact of consequence in the action Evid. Having any tendency to prove or disprove any DISPUTED fact of consequence in the action

6. RELEVANCE FRE 402 – Rule of Admissibility FRE 402 – Rule of Admissibility All relevant evid. is admissible (except as otherwise provided by law) All relevant evid. is admissible (except as otherwise provided by law) Evid. Which is not relevant is not admissible Evid. Which is not relevant is not admissible

7. RELEVANCE Evid. Code § 350 Evid. Code § 350 Only relevant evidence is admissible Only relevant evidence is admissible Evid. Code § 351 Evid. Code § 351 All relevant evidence is admissible (except as otherwise provided by law) All relevant evidence is admissible (except as otherwise provided by law)

8. RELEVANCE WEIGHING – Probative v. Prejudice WEIGHING – Probative v. Prejudice True battleground on issues of relevance True battleground on issues of relevance

9. RELEVANCE Court may exclude relevant evidence if: Court may exclude relevant evidence if: Probative value is substantially outweighed by: Unfair prejudice; or Unfair prejudice; or Undue consumption of time; or Undue consumption of time; or Confusing the issues; or Confusing the issues; or Misleading the jury Misleading the jury FRE 403 & Evid. Code § 352 FRE 403 & Evid. Code § 352

10. RELEVANCE Concept of Materiality Concept of Materiality The evid. is directed at a proposition that is properly provable in the action The evid. is directed at a proposition that is properly provable in the action Materiality is framed by the pleadings and the controlling law Materiality is framed by the pleadings and the controlling law

11. RELEVANCE HYPO # 1 – Assault case HYPO # 1 – Assault case A beats up B and is charged with assault with force likely to produce great bodily injury A beats up B and is charged with assault with force likely to produce great bodily injury Are any of these factors material: Are any of these factors material: Victim’s age, gender, size, ethnicity, sobriety Victim’s age, gender, size, ethnicity, sobriety Same factors for defendant Same factors for defendant Are these factors Relevant? Material? Are these factors Relevant? Material?

12. RELEVANCE Hypo # 2: Mehserle case Hypo # 2: Mehserle case Officer’s history of violence, racial animosity, criminal history, fatherhood Officer’s history of violence, racial animosity, criminal history, fatherhood Victim’s history of violence, police animosity, criminal history, fatherhood Victim’s history of violence, police animosity, criminal history, fatherhood Is this type of evidence relevant? Is it material? Is this type of evidence relevant? Is it material?

13. RELEVANCE HYPO #3 HYPO #3 MURDER IN SEPTEMBER – 2 Defendants MURDER IN SEPTEMBER – 2 Defendants In January 2 nd defendant arrested with a gun In January 2 nd defendant arrested with a gun Gun is not one of the murder weapons Gun is not one of the murder weapons Is this fact relevant? Is this fact relevant? Is this fact Material? Is this fact Material?

14. RELEVANCE HYPO #4 HYPO #4 DV event occurs in March – GF catches BF in bed with another woman: she attacks him and then he beats her more than necessary to defend himself DV event occurs in March – GF catches BF in bed with another woman: she attacks him and then he beats her more than necessary to defend himself Both parties want to put in evidence re: key, which in turn requires evidence of nature of relationship Both parties want to put in evidence re: key, which in turn requires evidence of nature of relationship Relevant? Material? Relevant? Material?

15. RELEVANCE HYPO #5 HYPO #5 Homicide in April – GF kills BF – claims gun accidentally discharged/his presence unknown Homicide in April – GF kills BF – claims gun accidentally discharged/his presence unknown She say argued earlier over kiss IFO 10 yr old She say argued earlier over kiss IFO 10 yr old Prior Halloween costume in car photos Prior Halloween costume in car photos Relevant? Relevant? Material? Material?