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

California, United States of America


The following excerpt is from People v. Ceja, F068186 (Cal. App. 2016):

A "trial court has discretion to exclude impeachment evidence ... if it is collateral, cumulative, confusing, or misleading. [Citation.]" (People v. Price (1991) 1 Cal.4th 324, 412.) A trial court is given considerable discretion to determine whether evidence is relevant. (People v. Williams (2008) 43 Cal.4th 584, 634.) Under Evidence Code section 352, a trial court has broad discretion to determine whether the probative value of evidence is substantially outweighed by the undue consumption of time, or whether it

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could create a substantial danger of confusing the issues, misleading the jury, or causing undue prejudice. (People v. Williams, supra, at p. 634.) For purposes of Evidence Code section 352, we review a trial court's ruling for an abuse of discretion. (People v. Williams, supra, at p. 634.) Under this standard, the court's ruling will not be disturbed on appeal unless a manifest miscarriage of justice occurred from a decision that was patently absurd, arbitrary or capricious. (Id. at pp. 634-635.)

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