CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Hearsay Exceptions re Statements
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Prior ID Hearsay Exception
.........Case Examples
4 Cards On This Topic:
Witnesses' testimony re their out-of-court I.D.s of D in photo lineups properly admitted under EC 1238 hearsay exception and Crawford v. Washington.
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.
Composite drawing or sketch of suspect based upon witness' description is admissible if witness admits prior ID in court.
Prior ID admissible as nonhearsay even though witness cannot explain its basis because of memory loss, if witness available to testify and subject to cross-examination.