California, United States of America
The following excerpt is from People v. Dalton, 247 Cal.Rptr.3d 273, 441 P.3d 283, 7 Cal.5th 166 (Cal. 2019):
Thus, section 28(f)(2) abrogates Evidence Code section 787 s prohibition on admission of specific instances of misconduct that are "relevant only as tending to prove a trait of [a witnesss] character." ( Evid. Code, 787.) Evidence of circumstances underlying a conviction is admissible to impeach credibility if the proponent demonstrates that the evidence has "any tendency in reason" to disprove credibility. ( Evid. Code, 210 ; see ibid . [defining relevant evidence as "having any tendency in reason to prove or disprove any disputed fact that is of consequence to the determination of the action" including "evidence relevant to the credibility of a witness"]; Evid. Code, 780 ["the court or jury may consider in determining the credibility of a witness any matter that has any tendency in reason to prove or disprove the truthfulness of his [or her] testimony at the hearing ..."].) Trial courts retain discretion to exclude such evidence under Evidence Code section 352"if its probative value is substantially outweighed by the probability that its admission will ... necessitate undue consumption of time or ... create substantial danger of undue prejudice, of confusing the issues, or of misleading the jury." We disapprove of People v. Casares (2016) 62 Cal.4th 808, 830, 198 Cal.Rptr.3d 167, 364 P.3d 1093 ( Casares ) ["Under California law, the right to cross-examine or impeach the credibility of a witness concerning a felony conviction does not extend to the facts underlying the offense."]; People v. Ardoin (2011) 196 Cal.App.4th 102, 120, 130 Cal.Rptr.3d 1 ;
[247 Cal.Rptr.3d 320]
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