CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Hearsay Exceptions re Statements
......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.