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.)
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