Is section 28(f)(2) of the California Evidence Code admissible to impeach credibility?

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]

Other Questions


What is the effect of section 356 of the California Evidence Code on the interpretation of the meaning of section 46(1) of the word "admissible in evidence"? (California, United States of America)
Does section 1101 of the California Evidence Code prohibit the admission of character or propensity evidence in a criminal case? (California, United States of America)
Can a prior conviction for a criminal offence be used as evidence for impeachment under section 28(f) of the California Criminal Code? (California, United States of America)
Does the application of "ordinary rules of evidence" such as section 352 of California Evidence Code section 352 violate a defendant's constitutional rights? (California, United States of America)
Does section 583, subdivision (f) of the California Code of Civil Procedure, Section 583 (f), specify a jurisdiction? (California, United States of America)
Is there any case law in which a defendant has argued that defense counsel should have sought to exclude or restrict the impeachment evidence discussed in Section II of the California Evidence Code? (California, United States of America)
Does the Court have authority to exclude evidence where a defendant has been found to be contrary to the evidence code under section 352 of the California Evidence Code? (California, United States of America)
Does section 1101 of the California Evidence Code prohibit the admission of character or propensity evidence in a criminal case? (California, United States of America)
Does section 28, subdivision (f) of the California Criminal Code allow a convicted felon to be impeached for the purposes of the impeachment process? (California, United States of America)
Does Section 1108, subdivision (a) of the California Criminal Code, section 352, make evidence of uncharged sexual misconduct in a sexual assault case admissible? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.