What impact would cross-examination have had on the credibility of the witness?

California, United States of America


The following excerpt is from People v. Vercher, C074122 (Cal. App. 2016):

examination would have produced a significantly different impression of the witness's credibility. (Delaware v. Van Arsdall (1986) 475 U.S. 673, 680 [89 L.Ed.2d 674, 684].) Improper denial of cross-examination requires reversal unless the error was harmless beyond a reasonable doubt. (Id. at p. 684 [89 L.Ed.2d at p. 686].) Whether the constitutionally improper exclusion of impeachment evidence is harmless depends on factors including the importance of the witness's testimony in the prosecution's case, whether the testimony was cumulative, the presence or absence of evidence corroborating or contradicting the testimony of the witness on material points, the extent of cross-examination otherwise permitted, and the overall strength of the prosecution's case. (Ibid.)

Other Questions


Is there a duty of the court to protect the credibility of a witness from cross-examination questions that "harass, annoy or humiliate the witness's credibility"? (California, United States of America)
What is the impact of a witness's immigration history on his credibility as a witness? (California, United States of America)
Can a finding that a witness has credibility be reconciled with the finding that the witness had credibility? (California, United States of America)
Can a finding that a witness has credibility be reconciled with the finding that the witness had credibility? (California, United States of America)
Is a judge obligated to call a witness whom he could be expected to call if that witness testimony would be favorable? (California, United States of America)
Can a defense counsel attack the credibility of a witness by cross-examination of the witness? (California, United States of America)
What is the current state of the law on credibility of witnesses in a witness trial? (California, United States of America)
Can a witness be admitted as a witness at a preliminary hearing where the witness is in a state hospital? (California, United States of America)
What is the impact of "rarely reflected in the record" on the credibility of a witness? (California, United States of America)
What is the impact of hearing testimony on the credibility of witness B.N? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.