People v. Merriman

In People v. Merriman (2014) 60 Cal.4th 1, the defendant argued that our Supreme Court had limited "testimony that a witness is nervous and reluctant to testify to circumstances in which the witness hesitates in his or her responses or when nervousness or fear interferes with the witness's ability to testify truthfully." (Ibid.) In rejecting the defendant's argument, our Supreme Court explained that "a witness's hesitation in answering questions is only one of any number of reasons that evidence may be relevant to his or her credibility; our cases establish no such limitations. Indeed, . . . a trial court has discretion, within the strictures of Evidence Code section 352, to permit the prosecution to introduce evidence supporting a witness's credibility even on direct examination, so long as the prosecution reasonably expects the defense to attack the witness's credibility during cross-examination. " (Ibid.)