California, United States of America
The following excerpt is from People v. Simpson, H045973 (Cal. App. 2021):
Evidence Code section 791 provides that a witness's prior statement is inadmissible to support his or her credibility unless it is offered after (a) Evidence of a statement made by him that is inconsistent with any part of his testimony at the hearing has been admitted for the purpose of attacking his credibility, and the statement was made before the alleged inconsistent statement; or [] (b) An express or implied charge has been made that his testimony at the hearing is recently fabricated or influenced by bias or other improper motive, and the statement was made before the bias, motive for fabrication, or other improper motive is alleged to have arisen. Evidence Code section 1236 provides that [e]vidence of a statement previously made by a witness is not made inadmissible by the hearsay rule if the statement is consistent with his testimony at the hearing and is offered in compliance with [Evidence Code] Section 791. We review the trial court's evidentiary decision for an abuse of discretion. (People v. Waidla (2000) 22 Cal.4th 690, 725.)
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