Can a witness who is mentally ill be cross-examined on the issue of credibility?

California, United States of America


The following excerpt is from People v. Lyles, B270897 (Cal. App. 2017):

"[T]he mental illness or emotional instability of a witness can be relevant on the issue of credibility, and a witness may be cross-examined on that subject, if such illness affects the witness's ability to perceive, recall or describe the events in question." (People v. Gurule (2002) 28 Cal.4th 557, 591-592.)

In arguing that he made a sufficient offer of proof, appellant relies on People v. Huskins (1966) 245 Cal.App.2d 859, 861-862 (Huskins) to establish error.

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