Is a statement by a witness that is inconsistent with his trial testimony admissible?

California, United States of America


The following excerpt is from People v. Keola, C084334 (Cal. App. 2018):

" ' "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." [Fn. omitted.] [Citation.] "The 'fundamental requirement' of section 1235 is that the statement in fact be inconsistent with the witness's trial testimony." [Citation.] " 'Inconsistency in effect, rather than contradiction in express terms, is the test for admitting a witness'[s] prior statement . . . .' " ' " (People v. Homick (2012) 55 Cal.4th 816, 859.)

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