How have courts interpreted the hearsay rule in the context of impeachment evidence?

California, United States of America


The following excerpt is from People v. John, B287947 (Cal. App. 2019):

Impeachment evidence, through prior inconsistent statements, is one exception to the hearsay rule. (Evid. Code, 1235.) To establish the applicability of this exception, the proponent of the hearsay statement must establish: (1) The prior statement is inconsistent with a witness's testimony in court; and (2) The statement is offered in compliance with Evidence Code section 770, which requires the witness be given the chance to explain or deny the statement. (Evid. Code, 770, 1235; People v. Avila (2006) 38 Cal.4th 491, 579-580.)

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