State v. Davis

To be relevant, evidence introduced to impeach a need only have a mere tendency to show bias or interest of the witness.

Defendant appealed a conviction for second-degree criminal trespass and third-degree criminal mischief. Defendant assigned error to when the trial court quashed his subpoenas for duces tecum for the use of force policy for a private security company he planned on using to impeach a witness. To be relevant, evidence introduced to impeach a need only have a mere tendency to show bias or interest of the witness. The security company used force to remove Defendant from a city council meeting, the policies could have been useful to find if security personnel witnesses acted inconsistent with the policy and undermine their credibility. However, the error was harmless because the evidence would have been cumulative, and the credibility of security personnel would not have a major impact on the outcome of the case. The trial court erred when it quashed the subpoena for the use of force policy, but it was harmless. Affirmed.