Is evidence of a misdemeanor conviction admissible to impeach a witness?

California, United States of America


The following excerpt is from People v. Woodruff, 235 Cal.Rptr.3d 513, 421 P.3d 588, 5 Cal.5th 697 (Cal. 2018):

"[E]vidence of a misdemeanor conviction, whether documentary or testimonial, is inadmissible hearsay when offered to impeach a witnesss credibility." ( People v. Wheeler (1992) 4 Cal.4th 284, 300, 14 Cal.Rptr.2d 418, 841 P.2d 938.) However, Evidence Code section 352 considerations aside, evidence of misdemeanor misconduct is admissible to impeach a witness so long as it involves moral turpitude. ( Id. at pp. 295297, p. 300, fn. 14, 14 Cal.Rptr.2d 418, 841 P.2d 938.)

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