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

California, United States of America


The following excerpt is from People v. Castillo, H041520 (Cal. App. 2016):

A trial court has the discretion to "exclude evidence if its probative value is substantially outweighed by the probability that its admission will (a) necessitate undue consumption of time or (b) create substantial danger of undue prejudice, of confusing the issues, or of misleading the jury." (Evid. Code, 352.) "A trial court's discretionary ruling under Evidence Code section 352 will not be disturbed on appeal absent an abuse of discretion. [Citation.] ' "[T]he latitude section 352 allows for exclusion of impeachment evidence in individual cases is broad. The statute empowers courts to prevent criminal trials from degenerating into nitpicking wars of attrition over collateral credibility issues." [Citation.]' " (People v. Lewis (2001) 26 Cal.4th 334, 374-375.)

c. Analysis

Applying the foregoing standard, we find no abuse of discretion.

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