Section 1.6 Confrontation Clause and Impeachment Evidence

• Library: Evidence 2017

b. (§1.6) Confrontation Clause and Impeachment Evidence

In criminal cases, a trial judge’s discretion to exclude impeachment evidence is limited by the Confrontation Clauses of the Sixth Amendment to the United States Constitution and article I, § 18(a), of the Missouri Constitution. Criminal defendants enjoy a constitutional entitlement to elicit relevant testimony to impeach the credibility of witnesses. Olden v. Ky., 488 U.S. 227, 231 (1988); State v. Johnson, 700 S.W.2d 815, 817 (Mo. banc 1985). A witness’s specific interests or bias in the case at issue is always relevant. State v. Montgomery, 901 S.W.2d 255, 256 (Mo. App. E.D. 1995).

On the other hand, the Confrontation Clause does not extend so far as to entitle criminal defendants to introduce evidence aimed only at attacking a witness’s credibility generally. State v. Raines, 118 S.W.3d 205 (Mo. App. W.D. 2003). Criminal defendants are entitled to mount an attack “directed toward ‘revealing possible biases, prejudices, or ulterior...