Section 10.3 Collateral Evidence for Impeachment Purposes

• Library: Evidence 2017

A. (§10.3) Collateral Evidence for Impeachment Purposes

Generally, impeachment is not allowed as to collateral matters. But issues relating to bias or the witnesses’ veracity are never collateral. See State v. Solven, 371 S.W.2d 328, 330–31 (Mo. banc 1963); see also State v. Pigques, 310 S.W.2d 942, 947 (Mo. 1958); State v. Mooney, 714 S.W.2d 216, 220 (Mo. App. E.D. 1986) (“It is always relevant to show the interest or bias of a witness, even though such evidence has no bearing on the issues of the case.”). As such, a judge is vested with discretion to determine whether the matter on which impeachment is sought relates to bias or other permissible impeachment or constitutes a collateral matter. See State v. Dunson, 979 S.W.2d 237, 242 (Mo. App. W.D. 1998). A matter is collateral if the fact in dispute has no material significance to the case at bar. See Black v. State, 151 S.W.3d 49, 55 (Mo. banc 2004); see also Scroggins v. State, 859 S.W.2d 704, 709 (Mo. App. W.D. 1993). Put simply, a collateral matter lacks probative value or relevance to the case at bar. But if the issue involves a matter...