Is past misdemeanor conduct bearing on a witness's veracity admissible in a criminal proceeding?

California, United States of America


The following excerpt is from People v. Nase, C067313 (Cal. App. 2013):

Evidence of past misdemeanor conduct bearing on a witness's veracity is admissible in a criminal proceeding subject to the trial court's discretion. (People v. Wheeler (1992) 4 Cal.4th 284, 295.) "When exercising its discretion under Evidence Code section 352, a court must always take into account, as applicable, those factors traditionally deemed pertinent in this area. [Citations.] But additional considerations may apply when evidence other than felony convictions is offered for impeachment. In general, a misdemeanor--or any other conduct not amounting to a felony--is a less forceful indicator of immoral character or dishonesty than is a felony. Moreover, impeachment evidence other than felony convictions entails problems of proof, unfair surprise, and moral turpitude evaluation which felony convictions do not present. Hence, courts may and should consider with particular care whether the admission of such evidence might involve undue time, confusion, or prejudice which outweighs its probative value." (Id. at pp. 296-297.)

"[T]he trial court enjoys broad discretion in assessing whether the probative value of particular evidence is outweighed by concerns of undue prejudice . . . . [Citation.]" (People v. Rodrigues (1994) 8 Cal.4th 1060, 1124.) A trial court's "exercise of that discretion 'must not be disturbed on appeal except on a showing that the court exercised its discretion in an arbitrary, capricious or patently absurd manner that resulted in a manifest miscarriage of justice. [Citations.]' [Citation.]" (Id. at pp. 1124-1125, italics omitted.)

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