SAN DIEGO FEDERAL DEFENSE LAWYER: EVIDENCE-IMPEACHMENT BY CONTRADICTION
Impeachment by contradiction permits courts to admit extrinsic evidence that specific testimony is false because it contradicted by other evidence. (United States v. Castillo (9th Cir. 1999) 181 F.3d 1129, 1132.)
It is an exception to the collateral fact rule (Fed. Rules of Evid. 608(b)). The fact to be contradicted must be material, and must have arisen during the direct examination of the witness to be contradicted. District court properly limited the testimony to two Witnesses: "Allowing the defendant to call the mayor, members of the city council, judges, and other public officials to testify about extraneous events would have created a huge sideshow to what was already a trial of notoriety. None of the proffered testimony was central to the core issues of the trial, and thus it is precisely the type of evidence that the collateral fact rule is designed to exclude."
United States v. Kincaid-Chauncey (9th Cir., 2/20/09, 06-10544) 09 C.D.O.S. 2006
