CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Hearsay Exceptions re Statements
......Prior Inconsistent Statements
.........Test for Inconsistency
............Evasive "I don't remember" Answers
7 Cards On This Topic:

W’s stmts to O, which conflicted with W’s trial testimony, properly admitted as prior inconsistent stmts through O’s testimony and interview tape; W’s ex-wife’s "I don’t remember" answers were evasive and properly admitted.

Witness' evasive denials of prior statements sufficient to permit prior inconsistent statements.

"I don't remember" answer found inconsistent in effect.

No inconsistency between lack of present recollection due to inebriation and prior report.

Evasive answers and "I don't remember" answers sufficient to be implied inconsistencies.

"I don't remember" answer to questions re prior statement while recalling other parts, deemed denial; prior statements properly admitted.

"I don't remember" prelim testimony may render prior statements admissible as prior inconsistent statements.