CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Hearsay Exceptions re Statements
......Prior Inconsistent Statements
.........No Confrontation Right Denial
7 Cards On This Topic:
  • Confrontation clause does not exclude out-of-court statements of a testifying witness.
  • Receipt in evidence of prior inconsistent statement does not violate the confrontation clauses where declarant testifies at trial and is subject to cross-exam.
  • Evidence of prior inconsistent statement does not violate confrontation clauses where declarant testified at D's trial and subject to cross-exam.
  • Admission of prior inconsistent statement of witness who also testifies at trial constitutional under Cal. Constitution.
  • D's confrontation clause claim lacked merit where Ws' prior inconsistent statements were properly admitted because both testified.
  • Prior extrajudicial statement of forgetful recalcitrant witness properly admitted as prior inconsistent statement and no confrontation right violation.
  • Prior inconsistent statement of non-accomplice admissible if trustworthy. No violation of D's confrontation rights.