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

California, United States of America


The following excerpt is from People v. Ruelas, B240666, B251018 (Cal. App. 2014):

"'A trial court has broad discretion under Evidence Code section 352 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." This discretion allows the trial court broad power to control the presentation of proposed impeachment evidence "'"to prevent criminal trials from degenerating into nitpicking wars of attrition over collateral credibility issues." [Citation.]'"' [Citations.] On appeal, we evaluate rulings under Evidence Code section 352 using the abuse of discretion standard. [Citation.]" (People v. Riccardi (2012) 54 Cal.4th 758, 808-809.)

Other Questions


In what circumstances of the crime scene evidence will be admitted during the penalty phase of a penalty trial, does the trial court error not to exclude the evidence? (California, United States of America)
What is the test for excluding impeachment evidence in a criminal trial? (California, United States of America)
Can impeachment evidence be excluded from a criminal trial? (California, United States of America)
Can impeachment evidence be excluded from a criminal trial? (California, United States of America)
Does the trial court abuse its discretion to exclude prejudicial evidence at trial? (California, United States of America)
In what circumstances will a videotape be excluded from evidence at a criminal trial? (California, United States of America)
What is the current state of the law on the right to exclude "repetitive" or "only marginally relevant" evidence from a criminal trial? (California, United States of America)
In a motion for summary adjudication on a motion to exclude evidence as to drainage, does plaintiff need to explain to the arbitrator why it was necessary to exclude the evidence? (California, United States of America)
What is the power of the trial court to exclude evidence under section 352 of the California Evidence Code? (California, United States of America)
Is cumulative evidence that impeaches a witness sufficient to be excluded from the trial? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.