Can a party to a witness recall and reexamine a witness?
California, United States of America
The following excerpt is from The PEOPLE V. BUTLER, A122383, No. 203566 (Cal. App. 2010):
While it is clear that the Evidence Code allows a party to recall and reexamine a witness, the decision to allow such recall rests within the discretion of the trial court. (See Evid. Code, 778, 774.) At the same time, any exercise of discretion that fails to give proper weight to the rights guaranteed a criminal defendant under the Sixth Amendment is constitutionally invalid. (Olden v. Kentucky (1988) 488 U.S. 227, 231.)
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