Is cumulative evidence that impeaches a witness sufficient to be excluded from the trial?

California, United States of America


The following excerpt is from People v. Burgener, 224 Cal.Rptr. 112, 41 Cal.3d 505, 714 P.2d 1251 (Cal. 1986):

Evidence Code section 352 allows the trial court to exclude even relevant evidence if its probative value is outweighed by other factors. Among them is the risk that admission will necessitate undue consumption of time. Cumulative evidence is excludable on this basis. It is within the discretion of the trial court to exclude impeachment evidence as cumulative when there is already evidence of the witness's lack of credibility. (See People v. Barrow (1976) 60 Cal.App.3d 984, 994-995, 131 Cal.Rptr. 913, disapproved on another point in People v. Jiminez (1978) 21 Cal.3d 595, 608, 147 Cal.Rptr. 172, 580 P.2d 672; People v. Fisk (1975) 50 Cal.App.3d 364, 370, 123 Cal.Rptr. 414.)

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