Can a witness be impeached in a criminal case if he is convicted of a prior felony conviction involving moral turpitude?

California, United States of America


The following excerpt is from People v. Oliver, C054584 (Cal. App. 2/7/2008), C054584 (Cal. App. 2008):

Article I, section 28 of the California Constitution permits the impeachment of witnesses in criminal cases with a prior felony conviction involving moral turpitude. (People v. Rivera (2003) 107 Cal.App.4th 1374, 1379.) "[T]rial courts have broad discretion to admit or exclude prior convictions for impeachment purposes, and must exercise that discretion on motion of the defendant. The discretion is as broad as necessary to deal with the great variety of factual situations in which the issue arises, and in most instances the appellate courts will uphold its exercise whether the conviction is admitted or excluded." (People v. Collins (1986) 42 Cal.3d 378, 389.) We review the court's ruling admitting evidence of the prior felony convictions for an abuse of discretion. (People v. Clair (1992) 2 Cal.4th 629, 655.)

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