What is the limitation on cross-examination in a criminal case?

MultiRegion, United States of America

The following excerpt is from U.S. v. James, 139 F.3d 709 (9th Cir. 1998):

The district court may impose reasonable limitations on cross-examination, which we will review for an abuse of discretion. United States v. Dees, 34 F.3d 838, 843 (9th Cir.1994). "Whether limitations on cross-examination are so severe as to amount to a violation of the confrontation clause is a question of law we review de novo." Id.

We follow what we have described as a two-part inquiry to determine whether a criminal defendant's Sixth Amendment right to confront the witness against him has been violated by the exclusion of evidence. Wood v. State of Alaska, 957 F.2d 1544, 1549-50 (9th Cir.1992). First, we must inquire whether the excluded evidence is relevant. If the evidence is relevant, we must inquire whether there were other legitimate interests outweighing a party's interest in presenting the evidence. A closer reading of Wood shows that there is a third inquiry we must also make. We must determine whether the trial court's exclusion of evidence left the jury with " 'sufficient information' upon which to assess the credibility of witnesses." Wood, 957 F.2d at 1550 (quoting from United States v. Kennedy, 714 F.2d 968, 973 (9th Cir.1983)).

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