context: Although evidence of pending charges and of misdemeanor convictions is not admissible as bearing on credibility generally, such evidence may be relevant to show a prosecution witness's bias, prejudice, or motivation for testifying. However, cross-examination concerning a pending criminal charge is not probative of bias, motivation, or prejudice unless there is some showing of a nexus between the' pending charge and the witness's testimony.
citation_a.signal: see also
citation_a.parenthetical: counsel may not properly propound to a witness questions that can cause a doubt in the jury's mind as to the witness's credibility, when there is no reasonable basis in fact for that interrogation
citation_a.sentence: See People v. King, 179 Colo. 94, 498 P.2d 1142 (1972) (trial court should allow cross-examination where prosecution witness is charged with or threatened with criminal prosecution for other unrelated offenses and witness’s testimony against defendant might be influenced by promise of, hope of, or expectation of immunity or leniency with respect to pending charges); People v. Caldwell, 43 P.3d 663, 670 (Colo.App.2001)(“We fail to discern how another pending ease, not involved in any plea agreement, and the outcome of which was not dependent upon testimony in the instant matter, would be probative of bias, motive, or prejudice. Without such a connection, the witness would not be testifying out of fear or concern of possible jeopardy to the outcome of the pending matter.”); see also People v. Vialpando, 804 P.2d 219 (Colo.App.1990)(counsel may not properly propound to a witness questions that can cause a doubt in the jury’s mind as to the witness’s credibility, when there is no reasonable basis in fact for that interrogation).
citation_b.signal: see
citation_b.parenthetical: trial court should allow cross-examination where prosecution witness is charged with or threatened with criminal prosecution for other unrelated offenses and witness's testimony against defendant might be influenced by promise of, hope of, or expectation of immunity or leniency with respect to pending charges
citation_b.sentence: See People v. King, 179 Colo. 94, 498 P.2d 1142 (1972) (trial court should allow cross-examination where prosecution witness is charged with or threatened with criminal prosecution for other unrelated offenses and witness’s testimony against defendant might be influenced by promise of, hope of, or expectation of immunity or leniency with respect to pending charges); People v. Caldwell, 43 P.3d 663, 670 (Colo.App.2001)(“We fail to discern how another pending ease, not involved in any plea agreement, and the outcome of which was not dependent upon testimony in the instant matter, would be probative of bias, motive, or prejudice. Without such a connection, the witness would not be testifying out of fear or concern of possible jeopardy to the outcome of the pending matter.”); see also People v. Vialpando, 804 P.2d 219 (Colo.App.1990)(counsel may not properly propound to a witness questions that can cause a doubt in the jury’s mind as to the witness’s credibility, when there is no reasonable basis in fact for that interrogation).