Is a statement by a witness that is inconsistent with his trial testimony admissible to establish the truth of the matter?

California, United States of America


The following excerpt is from People v. Baumgartner, D075102 (Cal. App. 2019):

" '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.' " (People v. Chism (2014) 58 Cal.4th 1266, 1294, italics added.)10 We review a trial court's decision to admit or exclude a statement under these provisions for an abuse of discretion. (People v. Jones (2013) 57 Cal.4th 899, 956.)

b. Application

Other Questions


Is a statement by a witness inconsistent with his trial testimony admissible to establish the truth of the matter? (California, United States of America)
Is a statement by a witness that is inconsistent with their testimony admissible to establish the truth of the matter? (California, United States of America)
Is a statement made by a witness that is inconsistent with any part of the witness's testimony inconsistent with the testimony? (California, United States of America)
Is a witness's statement that they do not remember an event admissible to establish the truth of the matter? (California, United States of America)
What is the test for admissible testimony at a civil trial of a witness giving evidence in a testimony that was not in the context of the trial? (California, United States of America)
Is a statement by a witness inconsistent with his trial testimony admissible? (California, United States of America)
Does a trial witness's deliberate forgetfulness result in the admission of a statement made by a witness that is inconsistent with the hearsay rule or confrontation clause? (California, United States of America)
Is a statement by a witness that is inconsistent with his trial testimony admissible? (California, United States of America)
Does the Court have to grant immunity to a witness who testified in a witness testimony that the testimony was inconsistent with the instructions? (California, United States of America)
Can statements of an unavailable witness be introduced as prior inconsistent statements of the unavailable witness? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.