California, United States of America
The following excerpt is from People v. VINCI, G042843, No. 07ZF0015 (Cal. App. 2011):
"Except as otherwise provided by statute, the court or jury may consider in determining the credibility of a witness any matter that has any tendency in reason to prove or disprove the truthfulness of his testimony at the hearing, including . . . [] . . . [] (g) A statement previously made by him that is consistent with his testimony at the hearing." (Evid. Code, 780, subd. (g).) But Evidence Code section 791 generally renders "[e]vidence of a statement previously made by a witness that is consistent with his testimony at the hearing . . . inadmissible to support his credibility unless it is offered after: [] . . . [] (b) [a]n 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." We review the trial court's ruling for abuse of discretion. (People v. Thornton (2007) 41 Cal.4th 391, 428.)
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