What is the test for cross-examination of a defendant who voluntarily testifies on his own behalf?

California, United States of America


The following excerpt is from People v. Phomvilay, F076279 (Cal. App. 2020):

Where, as here, "a defendant voluntarily testifies, the district attorney may fully amplify his testimony by inquiring into the facts and circumstances surrounding his assertions, or by introducing evidence through cross-examination which explains or refutes his statements or the inferences which may necessarily be drawn from them." (People v. Cooper (1991) 53 Cal.3d 771, 822.) A defendant who elects to testify on his own behalf is not entitled to a false aura of credibility. (People v. Carpenter (1999) 21 Cal.4th 1016, 1056.) "Although a defendant cannot be compelled to be a witness against himself, if he takes the stand and makes a general denial of the crime with which he is charged, the permissible scope of cross-examination is 'very wide.' [Citation.]" (People v. Cooper, supra, at p. 822.) As a result, a testifying defendant may be properly impeached with a statement made by him that is inconsistent with any part of his testimony. (Evid. Code, 780, 1101, subd. (c).)

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