In a criminal prosecution, can a defendant "open the door" to cross-examination by presenting potentially misleading testimony?

MultiRegion, United States of America

The following excerpt is from U.S. v. Osazuwa, 564 F.3d 1169 (9th Cir. 2009):

In a criminal prosecution, the government may introduce otherwise inadmissible evidence when the defendant "opens the door" by introducing potentially misleading testimony. United States v. Beltran-Rios, 878 F.2d 1208, 1212 (9th Cir.1989). A defendant may open the door by minimizing, or attempting to explain away, a prior conviction. See, e.g., United States v. Baylor, 97 F.3d 542, 545 (D.C.Cir. 1996) (noting that "a witness may `open the door' to more extensive cross-examination by attempting to minimize the conduct for which he was convicted"). If a defendant

[564 F.3d 1176]

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