What is the test for impeaching a witness under the Evidence Code?

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.)

Other Questions


Does the Court have authority to exclude evidence where a defendant has been found to be contrary to the evidence code under section 352 of the California Evidence Code? (California, United States of America)
Is there a "situation" where a plaintiff has been ordered to produce evidence under the Arizona Evidence Code under section 402 of the Evidence Code? (California, United States of America)
When will a court not abuse its discretion in admitting evidence under Evidence Code section 352 of the California Evidence Code? (California, United States of America)
Is there any case law in which a defendant has argued that defense counsel should have sought to exclude or restrict the impeachment evidence discussed in Section II of the California Evidence Code? (California, United States of America)
If a witness has been convicted of a criminal offence under section 28(f) of the California Criminal Code, is that prior conviction relevant for impeachment of a witness? (California, United States of America)
Does a criminal defendant have a right to be informed of exculpatory evidence and evidence that may be used to impeach prosecution witnesses? (California, United States of America)
What is the test for excluding a misdemeanor conviction under evidence code section 352 of the California Evidence Code? (California, United States of America)
What is the effect of section 356 of the California Evidence Code on a witness giving evidence? (California, United States of America)
Does section 787 of California Evidence Code 787 preclude evidence to contradict direct testimony of a witness? (California, United States of America)
What is the effect of section 356 of the Alberta Evidence Code on a witness giving evidence? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.