CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Hearsay Exceptions re Statements
......Prior Inconsistent Statements
.........Sufficient Evid. to Convict-Repudiated ID
10 Cards On This Topic:
  • Sufficiency of out-of-court ID to support conviction should be determined under substantial evidence test; Gould overruled.
  • Witness' evasive denials of prior statements sufficient to permit prior inconsistent statements.
  • Absent other inculpatory evidence, extrajudicial ID not confirmed by trial ID insufficient basis for conviction.
  • Absent other evidence, extrajudicial evidence of ID alone is insufficient to convict.
  • Only under limited circumstances can repudiated ID form basis for conviction.
  • Under limited circumstances, repudiated ID can form basis for conviction.
  • Prior extrajudicial ID by victim who recants at trial sufficient to convict when other evidence presented to connect D with crime.
  • Out-of-court ID of D repudiated at trial may be admitted as prior inconsistent statement and is sufficient to convict.
  • Despite recanted ID, sufficient basis for conviction exists when other evidence connects D to crime.
  • Prior ID not hearsay under Federal Rules Evid.; admission requirements.