Is a victim-witness entitled to a false aura of veracity?

California, United States of America


The following excerpt is from People v. Buenrostro, 2d Crim. No. B288855 (Cal. App. 2019):

Appellant asserts that a victim-witness is not entitled to a false aura of veracity but "'[t]he admissibility of any past misconduct for impeachment is limited at the outset by the relevance requirement of moral turpitude. Beyond this, the latitude [Evidence Code] section 352 allows for exclusion of impeachment evidence in individual cases is broad.' [Citations.] . . . '[C]ourts may and should consider with particular care whether the admission of such evidence might involve undue time, confusion, or prejudice which outweighs the probative value.' [Citation.]" (People v. Clark (2011) 52 Cal.4th 856, 931.)

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