People v. Wheeler

I dissent. Contrary to the majority, I would hold that a witness may not be impeached by evidence of specific acts of misconduct other than a prior felony conviction. Under today’s holding, a Pyrrhic victory for the prosecution, trial courts will inevitably become mired in extraneous, time-consuming matters, and potential witnesses throughout the state will suffer inestimable injury with little, if any, resulting benefit to the truth-finding process. The holding is lamentable for it is not mandated by the text of Proposition 8, as an analysis of the interplay between California Constitution,…