California, United States of America
The following excerpt is from People v. Prak, A136146 (Cal. App. 2017):
" 'A statement by a witness that is inconsistent with his or her trial testimony is admissible to establish the truth of the matter asserted in the statement under the conditions set forth in Evidence Code sections 1235 and 770.' [Citation.]" (People v. Cowan (2010) 50 Cal.4th 401, 462, fn. omitted.)10 "[A] witness's deliberate evasion of questioning can constitute an implied denial that amounts to inconsistency, rendering a prior statement admissible under Evidence Code section 1235." (People v. Cowan, supra, 50 Cal.4th at p. 463.) Whether evidence of a prior inconsistent statement should have been admitted is reviewed for abuse of discretion. (Id. at p. 462.)
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