Chapter 10 - § 10.3 • IMPEACHMENT

• Jurisdiction: Colorado

§ 10.3 • IMPEACHMENT

Colorado

➢ General. "[I]mpeachment evidence must be relevant and may not raise collateral issues." Mariani v. Rocky Mountain Hospital, 902 P.2d 429, 436 (Colo. App. 1994), aff'd, 916 P.2d 519 (Colo. 1996); American Family Mut. Ins. Co. v. DeWitt, 216 P.3d 60, 64 (Colo. App. 2008); Graham v. Lombardi, 784 P.2d 813, 815 (Colo. App. 1989), aff'd, 794 P.2d 610 (Colo. 1990).

➢ Collateral Issues. Prior inconsistent statements may be used, not to prove facts asserted, but to discredit a witness and to show that because of the contradictory statements, they are not worthy of belief as long as the prior inconsistent statements are relevant, material, and not collateral. Appel v. Sentry Life Ins. Co., 739 P.2d 1380, 1383 (Colo. 1987).
➢ Collateral Issues. If the matter on which the impeachment testimony is introduced is solely to contradict the witness and is not material or relevant, it is not admissible. Gizewski v. People, 78 Colo. 123, 126, 239 P. 1026, 1027 (1925); Silcott v. People, 492 P.2d 70, 72 (Colo. 1971).

➢ Credibility. The credibility of a witness is always relevant, and the credibility of a witness is for the jury to decide as well as what weight to give the statements of the witness. People v. Norwood, 547 P.2d 273, 279 (Colo. App. 1975).

➢ Traffic Conviction. The conviction of a person for violating the traffic code to any extent less than a felony shall not affect or impair the credibility of such person as a witness in any civil or criminal proceeding. C.R.S. § 42-4-1714.

➢ Prior Conduct. In general, specific instances of prior conduct cannot be shown by extrinsic evidence in order to impeach a witness. People v. Segovia, 196 P.3d 1126, 1130 (Colo. 2008); People v. Cole, 654 P.2d 830, 832 (Colo. 1982); CRE 608(b).

➢ Immoral Conduct. A witness cannot be questioned about immoral conduct or criminal conduct that did not result in a conviction. People v. Taylor, 545 P.2d

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