Is a witness entitled to be impeached because of his past misconduct?
California, United States of America
The following excerpt is from The People v. Vancil, C061864, No. 07F06943 (Cal. App. 2010):
"The admission of past misconduct involving moral turpitude to impeach a witness in a criminal trial is subject to the trial court's discretion under Evidence Code section 352. [Citation.]" (People v. Feaster, supra, 102 Cal.App.4th at pp. 1091-1092.) We review the trial court's decision for abuse of discretion. (People v. Clair (1992) 2 Cal.4th 629, 654-655.)
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