CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Hearsay Exceptions re Statements
......Prior Inconsistent Statements
.........Limit: Wit. Opportun. to Explain-Deny
9 Cards On This Topic:

Prior inconsistent statements generally inadmissible unless witness has opportunity to explain.

Manner of proving inconsistent statements made at trial or prelim.

Prior inconsistent statements properly admitted where Ws thoroughly examined and denied statements and each DA witness who testified about the statements was thoroughly cross-examined about circumstances.

W's prior statements, that D told him to intimidate murder eyewitness, properly admitted as prior inconsistent stmts after W had chance to explain or deny and denied making them.

Where W does not testify, error to admit prior inconsistent statement as there is no testimony with which prior statement is inconsistent.

Evid. Code §770 requirement that witness be given opportunity to explain prior inconsistent statement satisfied if inconsistent statement shown after witness testifies.

While transcript of nontestifying accomplice’s prelim. hearing testimony properly admitted at trial, court erred in allowing jury to hear actual recording of his statement to police.

Witness must be given "realistic opportunity" to explain or deny prior inconsistent statement.

Evid. Code §1235 does not apply to witness who is not present at trial to explain or deny statement.