Can a trial court restrict cross-examination of an adverse witness on the basis of confrontation?

California, United States of America


The following excerpt is from People v. Butler, B225861 (Cal. App. 2011):

A trial court retains wide latitude to restrict cross-examination of an adverse witness on Evidence Code section 352 grounds without running afoul of the confrontation clause. (People v. Harris (1989) 47 Cal.3d 1047, 1090-1091.) That latitude is consistent with the trial court's statutory duty to "exercise reasonable control over the mode of interrogation of a witness so as to make interrogation as rapid, as distinct, and as effective for the ascertainment of the truth" as possible. (Evid. Code, 765, subd. (a).)

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