Topic
Prior Inconsistent Statements
33 published works
De Rebus - SA Attorneys' Journal
The evidential weight of inconsistent statements in s 174 applications
By De Rebus
In applications brought under s 174 of the Criminal Procedure Act 51 of 1977, courts are frequently confronted with discrepancies between a complainant’s prior statement to the police and their…
EvidenceProf Blog
Tenth Circuit Finds Harmless Error in Trial Court’s Refusal to Give Limiting Instruction Regarding 1+ Hour Recording in Which Brother Said Defendant Was Guilty
By Colin Miller
Prior inconsistent statements made subject to the penalty of perjury are nonhearsay and admissible both to impeach and prove the truth of the matter asserted under Federal Rule of Evidence…
EvidenceProf Blog
Eleventh Circuit Finds Prior Inconsistent Statements Were Properly Admitted in Case Described as “The Wire” in Real Life
By Colin Miller
Federal Rule of Evidence 801(d)(1)(B) provides an exclusion to the rule against hearsay ifThe declarant testifies and is subject to cross-examination about a prior statement, and the statement:...(B) is consistent…
Cross-Examination Blog
How to Impeach with a Prior Inconsistent Statement
By Unknown
In prior posts, we have spelled out how to demolish a witness by showing that the witness’s Report is Faulty (the report is Improbable because it is absurd, lacks common…
Cross-Examination Blog
CROSS-EXAMINATION: PROVING THE PRIOR INCONSISTENT STATEMENT
By Unknown
In Cross-Examination Handbook: Persuasion, Strategies, and Techniques, we explore both the evidentiary and ethical issues that proof of a prior inconsistent statement raise. If a lawyer wishes to impeach with…
New York Commercial Division Practice
A Prior Inconsistent Statement Is Not Necessarily Your Road to Judicial Estoppel
You have been engaged in extensive motion practice in the Supreme Court of the State of New York. You learn that your adversary, it appears, has taken a position contrary to the…
Bankruptcy Litigation Briefing
Mockery of Judicial System Determinations: Eleventh Circuit Confirms “Facts and Circumstances” Test
Kerri Gallagher writes: The Eleventh Circuit recently held that when determining whether a plaintiff’s inconsistent statements are intended to make a mockery of the judicial system, a court must evaluate…
In Solvency
Mockery of Judicial System Determinations: Eleventh Circuit Confirms “Facts and Circumstances” Test
Kerri Gallagher writes: The Eleventh Circuit recently held that when determining whether a plaintiff’s inconsistent statements are intended to make a mockery of the judicial system, a court must evaluate…
EvidenceProf Blog
The Prior Inconsistent Statement Project, Part 9 (Kansas)
By Colin Miller
Kansas is another jurisdiction I have identified as a possible jurisdictions where a recanted prior inconsistent statement not given subject to the penalty of perjury might be sufficient to support a conviction.…
EvidenceProf Blog
The Prior Inconsistent Statement Project, Part 8 (Colorado)
By Colin Miller
Colorado is another jurisdiction I have identified as a possible jurisdictions where a recanted prior inconsistent statement not given subject to the penalty of perjury might be sufficient to support a conviction.…