California, United States of America
The following excerpt is from People v. Baltazar, C060776 (Cal. App. 12/15/2009), C060776 (Cal. App. 2009):
When the witness subject to impeachment is not the defendant, the factors a court must consider in exercising its discretion under Evidence Code section 352 "prominently include whether the conviction (1) reflects on honesty and (2) is near in time." (People v. Clair (1992) 2 Cal.4th 629, 654.) An exercise of discretion under this provision will be disturbed on appeal only if the trial court exercised it in "`an arbitrary, capricious or patently absurd manner that resulted in a manifest miscarriage of justice. [Citations.]' [Citation.]" (People v. Rodrigues (1994) 8 Cal.4th 1060, 1124.)
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