Does Section 352 of the California Evidence Code restrict a defendant's right to cross-examination?

California, United States of America


The following excerpt is from People v. Sheppard, H045521 (Cal. App. 2020):

"[R]eliance on Evidence Code section 352 to exclude evidence of marginal impeachment value . . . generally does not contravene a defendant's constitutional rights to confrontation and cross-examination." (People v. Brown (2003) 31 Cal.4th 518, 545.) "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." (Quartermain, supra, 16 Cal.4th at pp. 623-624.)

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