Tangerine Gleam wrote:For those who enjoy learning by teaching: anyone want to give a last-minute primer on exactly where Prop 8 *actually* has a material effect on admissibility of evidence (as compared to result under CEC alone)? There are so many exceptions and I'm really having trouble getting it to stick.
EDIT: fixed a great typo
Only ones that I can remember are
(1) Prop 8 allows witnesses' credibility to be bolstered for before they have been impeached;
(2) Prop 8 might make evidence of withdrawn guilty pleas admissible, though it isn't clear; and
(3) extrinsic evidence is admissible for impeachment for crimes of moral turpitude AND specific instances of misconduct/lying in criminal cases (under Fed Rules, can only use EE for prior convictions).
Have a feeling I missed a few, though