Is a witness's prior inconsistent statements admissible as to the hearsay rule?

California, United States of America


The following excerpt is from People v. Serna, H041769 (Cal. App. 2018):

A witness's prior inconsistent statements are admissible as an exception to the hearsay rule if the earlier statements are inconsistent with his or her trial testimony. (Evid. Code, 1235.) " 'Normally, the testimony of a witness that he or she does not remember an event is not inconsistent with that witness's prior statement describing the event. [Citation.] However, . . . [w]hen a witness's claim of lack of memory amounts to deliberate evasion, inconsistency is implied. [Citation.] As long as there is a reasonable basis in the record for concluding that the witness's "I don't remember" statements are evasive and untruthful, admission of his or her prior statements is proper.' " (People v. Ledesma (2006) 39 Cal.4th 641, 711.) We review the trial court's decision to admit prior inconsistent statements for abuse of discretion. (People v. Homick (2012) 55 Cal.4th 816, 859.)

Other Questions


When a defendant has adopted a statement as his own as an adoptive admission, is that statement admissible under the hearsay rule? (California, United States of America)
In a personal injury action brought by Husband against his ex-partner in a civil case, is the husband permitted to introduce prior inconsistent statements or party admissions pursuant to the hearsay rule? (California, United States of America)
Are portions of each accomplice's statement to the police admissible under the prior inconsistent statement exception? (California, United States of America)
Can a defendant be impeached for inconsistent statements regarding his prior inconsistent statements? (California, United States of America)
Can a Defendant challenge a finding that the victim's statements to police officers were admissible as prior inconsistent statements? (California, United States of America)
Is evidence of a statement inconsistent with that of the witness admissible by the hearsay rule? (California, United States of America)
What is the test for admissible evidence of inconsistent statements under the hearsay rule? (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)
Does a party's out-of-court statement qualify under the party admissions exception to the hearsay rule? (California, United States of America)
What is the test for admissible statements under the coconspirator exception to the hearsay rule? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.