What is the test for impeaching an impeached witness?

California, United States of America


The following excerpt is from People v. Chavez, B225900 (Cal. App. 2012):

Various factors are pertinent to a determination under Evidence Code section 352 whether the probative value of proffered impeachment is substantially outweighed by the prejudicial value. "When the witness subject to impeachment is not the defendant, those factors prominently include whether the conviction (1) reflects on honesty and (2) is near in time." (People v. Clair (1992) 2 Cal.4th 629, 654.) "'The nearness or remoteness of the prior conviction is . . . a factor of no small importance. Even one involving fraud or stealing, for example, if it occurred long before and has been followed by a legally blameless life, should generally be excluded on the ground of remoteness.' [Citation.]" (People v. Beagle (1972) 6 Cal.3d 441, 453, italics added.)

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