Does the court erred by disallowing a line of cross-examination of the witness who pretended to be Ling in the recorded phone conversations?

California, United States of America


The following excerpt is from People v. Reese, G039589 (Cal. App. 10/24/2008), G039589 (Cal. App. 2008):

Counsel also suggested we review whether the court erred by disallowing a proposed line of cross-examination of the witness who had pretended to be Ling in the recorded phone conversations. Defendant wanted to examine the witness about the amounts of money Perverted Justice had been paid by the television program known as "Dateline" for the right to televise the stings set up by Perverted Justice. The court sustained an Evidence Code section 352 objection, stating: "[T]here's virtually no probative value. It's minimal at best. Very little probative value. It's hard to see how this would affect this very low-level person at Perverted Justice, and I think that it is very prejudicial because it suggests that the whole organization, all their operations could be could be corrupt." "Rulings under Evidence Code section 352 are reviewed under an abuse of discretion standard, and a trial court's determination `will not be overturned on appeal in the absence of a clear abuse of that discretion, upon a showing that the trial court's decision was palpably arbitrary, capricious, or patently absurd, and resulted in injury sufficiently grave as to amount to a miscarriage of justice.'" (People v. Lamb (2006) 136 Cal.App.4th 575, 582.) Here, the court's ruling was not arbitrary, capricious, or patently absurd. Indeed, it was manifestly reasonable. There was no error.

Other Questions


How have the courts treated recordings of phone conversations between an inmate and his girlfriend in jailhouse phone lines? (California, United States of America)
Is there any case law that supports the argument that a search warrant obtained from a cell phone records and other data extracted from the phone records is sufficient to support the claim that the search warrant is invalid? (California, United States of America)
Does a witness who disowns his out-of-court identification have an opportunity to question the witness on the witness stand? (California, United States of America)
Can a witness cross-examining a witness in open court cross-examination be directed to write in the open court? (California, United States of America)
On appeal, can the court conduct an independent review of the transcript of the in camera hearing and the records reviewed by the trial court to determine whether any records were improperly withheld? (California, United States of America)
How have courts treated a defendant's claim that the trial court erred by refusing to instruct on the elements of rape and sodomy generally? (California, United States of America)
Can a witness be admitted as a witness at a preliminary hearing where the witness is in a state hospital? (California, United States of America)
Does the Court have to grant immunity to a witness who testified in a witness testimony that the testimony was inconsistent with the instructions? (California, United States of America)
How have courts dealt with the issue of good faith showing in a motion where a witness has absconded from court? (California, United States of America)
If a trial court orders testing without articulating its reasons on the record, will the appellate court presume an implied finding of probable cause? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.