CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Hearsay Exceptions re Statements
......Prior Inconsistent Statements
.........Test for Inconsistency
............In General
6 Cards On This Topic:
  • An ambiguous hearsay statement is not admissible as a prior inconsistent statement unless it is, in fact, inconsistent.
  • Ws' statements as to where gunman was standing properly admitted as prior inconsistent statements.
  • Admitting V's prelim testimony, similar to trial testimony but phrased in more damaging manner, as prior inconsistent statement was error.
  • D's pretrial statements admissible if inconsistent with trial testimony, other pretrial statements or eyewitness testimony.
  • Witness may not be impeached by prior statements unless they are inconsistent with witnesses' express or implied testimony.
  • Admissibility of prior inconsistent statement when witness remembers part, but not all, of accusation. General rules.