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
............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.