CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Hearsay Exceptions re Statements
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Prior Inconsistent Statements
.........Limit: Hr'g Where Prior Stmt. Made
4 Cards On This Topic:
Impeaching prior inconsistent statement not admissible except when witness testifies at hearing.
Only under limited circumstances can prior statement form basis for conviction; prior unsworn statement of accomplice that is repudiated at trial insufficient basis for conviction.
D's testimony at suppression hearing may be used for impeachment if D testifies at trial in manner inconsistent with pretrial testimony.
Evid. Code §1235 does not apply to witness who is not present at trial to explain or deny statement.