Sunday, January 29, 2012

Exclude Felony by Darren Chaker

Exclude Felony by Darren Chaker

As the Supreme Court in People v. Woodard (1979) 23 Cal 3d 329, explained: "Evidence of traits of his character other than honesty or veracity, or their opposites, is inadmissible to attack or support the credibility of a witness. If a prior felony conviction does not involve the character trait of truthfulness, it must be excluded as irrelevant at the outset, since section 350 unequivocally provides that "[no] evidence is admissible except relevant evidence." See Id. at 335  The Supreme Court upheld this standard repeatedly. See People v. Fries, (1979) 24 Cal 3d 222; People v. Spearman, (1979) 25 Cal. 3d 107.
As noted by the Supreme Court in People v. Castro (1985) 38 Cal. 3d 301, provided clarity to prior fractured decision. In response, the legislature enacted California Constitution article I, section 28. See Id. at 308-9. The legislature was careful to leave the law "as is" with regard to civil cases, and the law on felony impeachment changed only in regard to criminal proceedings: "Any prior felony conviction of any person in any criminal proceeding..."  Thereafter, in criminal cases, Castro held that felony convictions were "prima facie admissible" subject to the trial court's discretion to exclude the felony only if it did not involve "moral turpitude," i.e., evidences a "readiness to do evil." See Castro at 316.