How have the courts treated impeachment evidence in a criminal case?

California, United States of America


The following excerpt is from People v. Skuba, H037984 (Cal. App. 2013):

The court excluded the impeachment evidence under Evidence Code section 352 and commented that the robbery conviction would be more probative. We review the trial court's exclusion of impeachment evidence under Evidence Code section 352 for an abuse of discretion. (People v. Valdez (2004) 32 Cal.4th 73, 108.)

Skuba contends further that the trial court's exclusion of this impeachment evidence violated his right to confront a witness against him under the Sixth Amendment. A confrontation clause violation requires a showing that " 'the prohibited cross-examination would have produced "a significantly different impression of [the witnesses'] credibility." ' " (People v. Chatman (2006) 38 Cal.4th 344, 372.)

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