What is the test for determining whether a witness has a criminal conviction for a previous criminal conviction that was impeaching the same criminal offence?
California, United States of America
The following excerpt is from People v. Lindsay, D074730 (Cal. App. 2019):
Accordingly, " '[t]he identity or similarity of current and impeaching offenses is just one factor to be considered by the trial court in exercising its discretion.' " (People v. Green (1995) 34 Cal.App.4th 165, 183.) "[A]ny felony conviction evincing moral turpitude, as here, 'has some "tendency in reason" (Evid. Code, 210) to shake one's confidence in [a witness's] honesty.' " (People v. Campbell (1994) 23 Cal.App.4th 1488, 1496, fn. omitted.)
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