CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Hearsay Exceptions re Statements
......Prior Inconsistent Statements
.........Test for Inconsistency
............Witness Genuinely Does Not Recall
3 Cards On This Topic:
  • D had an opportunity to cross-examine witness, required by the Constitution when a witness has a loss of memory—that D's counsel chose not to cross-examine was not court error.
  • Signed statement of witness who suffered amnesia before D had opportunity to confront and cross-examine at prelim not admissible.
  • Normally, testimony that witness does not recall event not inconsistent with prior statements describing event.