Is past misconduct involving moral turpitude admissible to impeach a witness?

California, United States of America


The following excerpt is from The People v. Aranda, G042362, No. 07CF0423 (Cal. App. 2010):

Defendant's reliance on People v. Wheeler (1992) 4 Cal.4th 284 is misplaced. That case stated that past misconduct involving moral turpitude, even where there has been no conviction, is admissible to impeach a witness. (Id. at pp. 295, 297, fn. 7.) But Wheeler expressly stated the court still has the discretion to exclude such evidence under Evidence Code section 352 (id. at pp. 296-297), as the court did here.

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