What is the test for admitting impeachment evidence in a criminal case?

California, United States of America


The following excerpt is from People v. Hughes, B249932, B258470 (Cal. App. 2014):

value is substantially outweighed by its potential for prejudice, confusion, or undue consumption of time. (Evid. Code, 352.)" (People v. Wheeler (1992) 4 Cal.4th 284, 295 (Wheeler).) "The statute empowers courts to prevent criminal trials from degenerating into nitpicking wars of attrition over collateral credibility issues. . . . [] . . . In general, a misdemeanoror any other conduct not amounting to a felonyis a less forceful indicator of immoral character or dishonesty than is a felony. Moreover, impeachment evidence other than felony convictions entails problems of proof, unfair surprise, and moral turpitude evaluation which felony convictions do not present. Hence, courts may and should consider with particular care whether the admission of such evidence might involve undue time, confusion, or prejudice which outweighs its probative value. [Fn. omitted.]" (Id. at pp. 296-297.)

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