How has the Confrontation Clause in the Sixth Amendment been interpreted in the context of cross-examination?

California, United States of America


The following excerpt is from People v. Moore, B237493 (Cal. App. 2012):

Cases construing the Sixth Amendment's Confrontation Clause generally fall into two categories: (1) cases involving out-of-court statements and (2) cases involving restrictions on the scope of cross-examination. (Delaware v. Fensterer (1985) 474 U.S. 15, 18 (per curiam) (Delaware).) The second category, in which this case fits, includes situations in which the trial court allows cross-examination of a witness, but does not permit defense counsel to expose facts from which the jury could draw negative

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inferences about the witness's credibility. (Id. at p. 18.) A defendant's constitutional guaranties prohibit the trial court from arbitrarily excluding relevant portions of a witness's testimony. (Rock v. Arkansas (1987) 483 U.S. 44, 52-55.)

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