CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Hearsay Exceptions re Statements
......Prior Consistent Statements
.........Test for Consistency
4 Cards On This Topic:

Although trial court erred in admitting wife's testimony as hearsay evidence, it correctly admitted it as testimony to support her deceased husband's credibility under EC 1202 and 791.

W's testimony from first trial, offered as prior consistent statement, properly excluded as irrelevant opinion based upon her state of mind, not D's.

Substantial evidence supported D's use of gun during carjacking as jury could rationally credit Vs' consistent original accounts that D wielded the gun, rendered near time of crime and before D's family intimidated them.

Tape of D's post-arrest stmts to girlfriend not admissible as prior consistent statements where credibility not attacked, arrest could be motive for bias and D didn't testify "at hearing."