Can a witness give evidence of evidence of a prior inconsistent statement?

California, United States of America


The following excerpt is from People v. O'Conner, E060763 (Cal. App. 2015):

The hearsay exception for party admissions applies to evidence of a statement "offered against the declarant in an action to which he is a party . . . ." (Evid. Code, 1220.) The exception for prior inconsistent statements applies to evidence of a statement by a witness that is inconsistent with his or her trial testimony "and is offered in compliance with Section 770." (Evid. Code, 1235; see People v. Johnson (1992) 3

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Cal.4th 1183, 1219 ["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"].) Evidence Code section 770 provides that an inconsistent statement is admissible if the "witness was so examined while testifying as to give him an opportunity to explain or deny the statement" or "the witness has not been excused from giving further testimony in the action." Thus, where an officer testifies about a statement a witness had given him that relayed what the defendant had previously told the witness, and at trial the witness testifies inconsistently with that statement, both layers of the officer's testimony are admissible under the party admission and prior inconsistent statement exceptions, respectively. (People v. Chism (2014) 58 Cal.4th 1266, 1293-1295.)

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