Can a defendant be impeached for inconsistent statements regarding his prior inconsistent statements?

California, United States of America


The following excerpt is from People v. Nicholas, B260818 (Cal. App. 2015):

and its admission of his prior inconsistent statements as impeachment. (People v. Ervin (2000) 22 Cal.4th 48, 84-85 [affirming court's admission of witness's prior statement as impeachment and court's implied finding that the witness's claimed memory loss was deliberately evasive where she said she could not recall any of her preliminary hearing testimony, any of the events surrounding the offenses, or even identify the defendant or his accomplice despite the fact she acknowledged him as the father of her child].)

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