Can a witness be impeached with a conviction that necessarily involves moral turpitude?

California, United States of America


The following excerpt is from People v. Blackman, D072761 (Cal. App. 2018):

Subject to limitations imposed by Evidence Code section 352, a witness in a criminal trial may be impeached with "any felony conviction which necessarily involves moral turpitude, even if the immoral trait is one other than dishonesty." (People v. Castro (1985) 38 Cal.3d 301, 306.) Drug offenses involving sales are crimes of moral

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turpitude. (People v. Vera (1999) 69 Cal.App.4th 1100, 1103.) Evidence Code section 352 permits the trial court to exclude otherwise admissible evidence if its probative value is substantially outweighed by the probability that its admission will necessitate undue consumption of time or create substantial danger of undue prejudice, or confusing the issues, or misleading the jury.

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