CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Witness Credibility Evidence
......Prior Convictions
.........In General
8 Cards On This Topic:
  • With certain statutory exceptions, evidence of witness' prior felony convictions admissible to attack credibility.
  • DA's impeaching defense W with prison sentence to prove not the fact of underlying conviction (EC 788), but rather that he had nothing to lose by lying (EC 780(f)), was harmless error.
  • Prior felony conviction for purposes of impeachment under EC 788 means any conviction suffered before trial, regardless of whether it predates or postdates charged crime.
  • D could not impeach W with prior felony conviction given it was 14 years old and fact he was armed would not have revealed any further character trait that would have been pertinent.
  • Prior felony conviction must involve moral turpitude to be admissible; court retains §352 discretion to exclude moral turpitude prior.
  • Moral turpitude defined.
  • Harmless error to modify prior felony impeachment instruction to allow jury to determine if D's felony conviction was one "involving moral turpitude" defined by court as "involving dishonesty."
  • Prior felony conviction, for purposes of impeachment under Evid. Code §788, is any conviction suffered before trial, regardless of offense date.