Is implied or implied in a witness statement?

California, United States of America


The following excerpt is from People v. Homick, 150 Cal.Rptr.3d 1, 289 P.3d 791, 55 Cal.4th 816 (Cal. 2012):

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. [Citation.] ( People v. Ledesma (2006) 39 Cal.4th 641, 711, 47 Cal.Rptr.3d 326, 140 P.3d 657.) Similarly, under the circumstances of a particular case, a witness's refusal to answer may be materially inconsistent with prior statements, exposing the witness to impeachment under Evidence Code section 1235. ( In re Deon D. (1989) 208 Cal.App.3d 953, 961, 256 Cal.Rptr. 490.)

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