P. v. Denny
The question posed by this appeal is whether the trial court abused its discretion by limiting defense cross examination of a witness who accused defendant Jerome Jackson Denny, Jr., of uncharged sexual misconduct 16 years earlier. Having been convicted of two counts of child molestation, defendant asserts he was denied his constitutional rights to confront his accuser, to present a defense, and to due process and a fair trial by the courts inappropriate constriction of his cross examination of his former sister in law, who, pursuant to Evidence Code section 1108, testified to alleged crimes for which defendant had never been charged or convicted. Court affirm because we cannot say the trial court abused its discretion (Evid. Code, 352) or that the prohibited cross examination would have produced a significantly different impression of [the witnesss] credibility to constitute a violation of defendants constitutional rights. (Delaware v. Van Arsdall (1986) 475 U.S. 673, 680 [89 L.Ed.2d 674, 684] (Van Arsdall).)
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