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

California, United States of America


The following excerpt is from People v. Lee, H039678 (Cal. App. 2015):

" 'Under Evidence Code section 352, the trial court enjoys broad discretion in assessing whether the probative value of particular evidence is outweighed by concerns of undue prejudice, confusion or consumption of time. [Citation.]' [Citation.] 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." ' " (People v. Lewis (2001) 26 Cal.4th 334, 374-375.)

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Furthermore, where evidence would impeach a witness on a collateral matter and is "only slightly probative of [the witness'] veracity, application of Evidence Code section 352 to exclude the evidence [does] not infringe [a defendant's] constitutional right to confront the witnesses against him." (People v. Jennings (1991) 53 Cal.3d 334, 372.)

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