Can a witness be impeached in a criminal trial if he admitted past misconduct involving moral turpitude?

California, United States of America


The following excerpt is from People v. Betancourt, D065345 (Cal. App. 2014):

stabbing with possession of a controlled substance (i.e., methamphetamine) for sale, but later pleaded guilty to simple possession. "The admission of past misconduct involving moral turpitude to impeach a witness in a criminal trial is subject to the trial court's discretion under Evidence Code section 352. [Citation.] On appeal, the trial court's decision is reviewed for abuse of discretion. [Citations.] To constitute an abuse of discretion, 'the resulting injury [must be] sufficiently grave to manifest a miscarriage of justice. [Citation.] In other words, . . . the court [must] exceed[ ] the bounds of reason, all of the circumstances being considered.' [Citation.] In most instances the appellate courts will uphold the exercise of discretion even if another court might have ruled otherwise. [Citation.]" (People v. Feaster (2002) 102 Cal.App.4th 1084, 1091-1092.)

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