What is the test for admitting past misconduct involving moral turpitude to impeach a witness in a criminal trial?
California, United States of America
The following excerpt is from People v. Usher, E045025 (Cal. App. 5/28/2009), E045025. (Cal. App. 2009):
"The admission of past misconduct involving moral turpitude to impeach a witness in a criminal trial is subject to the trial court's discretion under Evidence Code section 352. [Citation.] On appeal, the trial court's decision is reviewed for abuse of discretion. . . . In most instances the appellate courts will uphold the exercise of discretion even if another court might have ruled otherwise. [Citation.]" (People v. Feaster (2002) 102 Cal.App.4th 1084, 1091-1092.)
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