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
............Partial Recollection
4 Cards On This Topic:
When witness selectively answers some DA questions but refuses to answer others, witness' prior statement addressing issues in unanswered questions admissible as prior inconsistent statement.
"I don't remember" answer to key aspects of prior statement, while recalling other portions, deemed denial; prior statements properly admitted.
Admissibility of prior inconsistent statement when witness remembers part, but not all, of accusation.
Witness' ability to remember all facts except those crucial to DA's case found inconsistent in effect, making prior statements admissible.