CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Hearsay Exceptions re Statements
......Prior Consistent Statements
.........In General
12 Cards On This Topic:

Witness' prior statement not made inadmissible by hearsay rule if statement consistent with testimony at hearing and offered in compliance with Evid. Code §791.

Prior consistent statements inadmissible except to refute charge of recent fabrication of later inconsistent statement.

Prior consistent statements not hearsay under Federal Rules Evid.; requirements for admission.

Trial court properly admitted V's diary entry that D stabbed, choked and kidnapped her, and her similar statement to her teacher as prior consistent statements.

Harmless error to admit W's entire audio-recorded police tape, thus admitting portions that did more than rehabilitate her testimony.

Eyewitness' out-of-court statements, admitted as prior consistent statements, might also have been admissible as prior I.D. per EC 1238, or for their truth as prior recorded recollections per EC 1235 and EC 770.

CALJIC 2.13 in no way directs jury to accept prior statements as the truth; it merely covers the hearsay exceptions provided in EC 1235 and EC 1236, in a neutral fashion.

Witness' prior consistent statements were admissible on redirect to rehabilitate her and to support her credibility after D attacked her credibility on cross-exam.

Because D's friend's statement to W that D killed and buried V preceded police inquiries, investigation, and immunity, W's testimony was admissible as a prior consistent statement by D's friend.

Court properly ruled witness' prior statements predating plea agreement and consistent with trial testimony admissible as prior consistent statement.

Testimony via prior videotape recording of adult W with proven physical and mental disabilities due to past domestic violence, properly admitted as prior consistent statement and not unduly prejudicial.

Witness' prior consistent statements admissible for rehabilitation of credibility.