Is evidence of a previous statement not inadmissible under the hearsay rule?

California, United States of America


The following excerpt is from People v. Carter, F073021 (Cal. App. 2018):

"Evidence of a statement previously made by a witness is not made inadmissible by the hearsay rule if the statement is consistent with his testimony at the hearing and is offered in compliance with Section 791." ( 1236.) Section 791 governs the use of prior consistent statements to rehabilitate a witness's credibility. (People v. Hayes (1990) 52 Cal.3d 577, 609.) The statute provides, in pertinent part: "Evidence of a statement previously made by a witness that is consistent with his testimony at the hearing is inadmissible to support his credibility unless it is offered after: [] ... [] (b) An express or implied charge has been made that his testimony at the hearing is recently fabricated or is influenced by bias or other improper motive, and the statement was made before the bias, motive for fabrication, or other improper motive is alleged to have arisen."

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