What is the relevant impeachment evidence that must be disclosed to the defense in a criminal case?

California, United States of America


The following excerpt is from People v. Bush, B227828 (Cal. App. 2012):

"[T]he existence of a plea agreement is relevant impeachment evidence that must be disclosed to the defense because it bears on the witness's credibility. [Citation.] . . . [W]hen an accomplice testifies for the prosecution, full disclosure of any agreement affecting the witness is required to ensure that the jury has a complete picture of the factors affecting the witness's credibility.' [Citation.]" (People v. Fauber (1992) 2 Cal.4th 792, 821 ("Fauber").) However, "Portions of an agreement irrelevant to the credibility determination or potentially misleading to the jury should, on timely and specific request, be excluded." (Id. at p. 823.)

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