What is the test for admitting a rebuttal from a witness on cross-examination?

California, United States of America


The following excerpt is from People v. Robinson, B223191 (Cal. App. 2011):

On appeal, defendant relies on the rule that "[b]y allowing objectionable evidence to go in without objection, the non-objecting party gains no right to the admission of related or additional otherwise inadmissible testimony. The so-called 'open the door' or 'open the gates' argument is 'a popular fallacy.' [Citations.]" (People v. Gambos (1970) 5 Cal.App.3d 187, 192; People v. Williams (1989) 213 Cal.App.3d 1186, 1189-1190, fn. 1.) Specifically, defendant asserts the prosecution's cross-examination of defendant about the prior dispute was inadmissible because it was outside the scope of the direct examination, despite his counsel's failure to object. (Evid. Code, 773, subd. (a).) Accordingly, he argues, that inadmissible testimony on cross-examination could not support the trial court's admission of rebuttal testimony. The argument fails because, even if there had been an objection on the ground the questioning went beyond-the-scope of direct examination, the trial court would have been within its discretion to find the cross-examination permissible.

Other Questions


Can a witness be admitted as a witness at a preliminary hearing where the witness is in a state hospital? (California, United States of America)
Does the error in admitting that a witness admitted shooting victim's statement was harmless? (California, United States of America)
Does a witness who disowns his out-of-court identification have an opportunity to question the witness on the witness stand? (California, United States of America)
Can a former witness be admitted as a witness in evidence at trial? (California, United States of America)
Does a prosecutor have the power to ask a witness if they have evidence that the witness is not a witness? (California, United States of America)
Can a witness be admitted as a witness in a civil case? (California, United States of America)
What is the legal test for admitting an out of court interview where a deceased witness has given evidence that he was not competent to be a witness? (California, United States of America)
What is the legal test for admitting an out of court interview where a deceased witness has given evidence that he was not competent to be a witness? (California, United States of America)
What is the test for admitting to the Court of Appeal that a defendant admitted that he was a witness to the murder trial? (California, United States of America)
Is there any case law where a defendant admitted to admitting that he had committed a crime against a witness by mistake? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.