What is the test for allowing cross-examination in a criminal case?

California, United States of America


The following excerpt is from People v. Humphrey, C052744, Super. Ct. No. 02F02888 (Cal. App. 2011):

However, we find the error committed by the court in not allowing cross-examination was harmless. "'The correct inquiry is whether, assuming that the damaging potential of the cross-examination were fully realized, a reviewing court might nonetheless say that the error was harmless beyond a reasonable doubt. Whether such an error is harmless in a particular case depends upon a host of factors, all readily accessible to reviewing courts. These factors include the importance of the witnesses' testimony in the prosecution's case, whether the testimony was cumulative, the presence or absence of evidence corroborating or contradicting the testimony of the witness on material points, the extent of cross-examination otherwise

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permitted, and, of course, the overall strength of the prosecution's case.'" (People v. Greenberger (1997) 58 Cal.App.4th 298, 350.)

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