CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Hearsay Exceptions re Statements
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Prior Inconsistent Statements
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Test for Inconsistency
............In General
5 Cards On This Topic:
Ws' statements as to where gunman was standing properly admitted as prior inconsistent statements.
Admitting V's prelim testimony, similar to trial testimony but phrased in more damaging manner, as prior inconsistent statement was error.
D's pretrial statements admissible if inconsistent with trial testimony, other pretrial statements or eyewitness testimony.
Witness may not be impeached by prior statements unless they are inconsistent with witnesses' express or implied testimony.
Admissibility of prior inconsistent statement when witness remembers part, but not all, of accusation. General rules.