Does a limitation on cross-examination pertaining to credibility of an adverse witness violate the confrontation clause?

California, United States of America


The following excerpt is from People v. Barron, E052515 (Cal. App. 2012):

Even if we were to find constitutional error, it would be harmless beyond a reasonable doubt. Improperly denying a defendant the opportunity to cross-examine an adverse witness on matters reflecting on the witness's credibility may be subject to the harmless error standard set forth in Chapman v. California, supra, 386 U.S. at p. 24; "'[h]owever, not every restriction on a defendant's desired method of cross-examination is a constitutional violation. . . .'" (People v. Chatman (2006) 38 Cal.4th 344, 372.) "A trial court's limitation on cross-examination pertaining to the credibility of a witness does not violate the confrontation clause unless a reasonable jury might have received a significantly different impression of the witness's credibility had the excluded cross-examination been permitted. [Citations.]" (People v. Quartermain (1997) 16 Cal.4th 600, 623-624.) Accordingly, once we conclude, post, that there is no reasonable probability that the admission of this evidence would have changed the result, we must likewise conclude there was no confrontation clause violation.

Other Questions


Does a limitation on cross-examination pertaining to credibility of witness not violate the confrontation clause? (California, United States of America)
Does a limitation on cross-examining a prosecution witness at trial violate a defendant's right to confront the witness? (California, United States of America)
Does the Attorney General's claim that defendant forfeited the issue of confrontation clause by failing to object on confrontation clause grounds in the trial court? (California, United States of America)
Does the Confrontation Clause of the Sixth Amendment give the accused the right to cross-examine adverse witnesses? (California, United States of America)
Can a finding that a witness has credibility be reconciled with the finding that the witness had credibility? (California, United States of America)
Is there any case law supporting a defendant's contention that the trial court violated his constitutional right to confront witnesses in the witness box? (California, United States of America)
Is there a duty of the court to protect the credibility of a witness from cross-examination questions that "harass, annoy or humiliate the witness's credibility"? (California, United States of America)
When confronted with a witness with his own dishonesty in an attempt to solve a murder case, what is the effect of confronting the witness with false statements? (California, United States of America)
Does a trial witness's deliberate forgetfulness result in the admission of a statement made by a witness that is inconsistent with the hearsay rule or confrontation clause? (California, United States of America)
Does a witness who pretended not to remember at trial violate the confrontation clause? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.