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.