California, United States of America
The following excerpt is from People v. Delgado, F059960, Super. Ct. No. VCF220346A (Cal. App. 2011):
Although the trial court refused to admit the statement as a prior inconsistent statement, the statement could have been admitted under that exception to the hearsay rule. While failure of recollection does not automatically render the conversation admissible as a prior inconsistent statement, under certain circumstances it will. "'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.'" (People v. Ervin (2000) 22 Cal.4th 48, 84.) Inconsistency will not be implied unless a witness's claim of lack of memory amounts to deliberate evasion. (Ibid.)
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