CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Hearsay Exceptions re Statements
......Prior Inconsistent Statements
.........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.