What is the test for impeaching a sitting member of the House of Representatives who has been convicted of a misdemeanor?

California, United States of America


The following excerpt is from People v. Tingle, A153461 (Cal. App. 2019):

"[A]dditional considerations may apply when evidence other than felony convictions is offered for impeachment. In general, a misdemeanoror any other conduct not amounting to a felonyis a less forceful indicator of immoral character or dishonesty than is a felony. Moreover, impeachment evidence other than felony convictions entails problems of proof, unfair surprise, and moral turpitude evaluation which felony convictions do not present. Hence, courts may and should consider with particular care whether the admission of such evidence might involve undue time, confusion, or prejudice which outweighs its probative value." (People v. Wheeler (1992) 4 Cal.4th 284, 296-297.)

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