Can the prosecution impeach a testifying defendant?

California, United States of America


The following excerpt is from People v. Hopson, 219 Cal.Rptr.3d 717, 3 Cal.5th 424, 396 P.3d 1054 (Cal. 2017):

It is, in any event, well established that the prosecution can impeach a testifying defendant, just like any other witness. (Portuondo v. Agard (2000) 529 U.S. 61, 69, 120 S.Ct. 1119, 146 L.Ed.2d 47.) The prosecution is always entitled to point out a defendant's motivation to divert blame to an unavailable accomplice and present admissible facts that contradict the defendant's story. And it may be possible, in appropriate cases, for the prosecution to argue that the defendant has opened the door to admission of otherwise inadmissible testimonial statements.

[396 P.3d 1068]

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