Topic
Prior Inconsistent Statements
33 published works
EvidenceProf Blog
The Prior Inconsistent Statement Project, Part 7 (Nevada)
By Colin Miller
Nevada 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…
EvidenceProf Blog
The Prior Inconsistent Statement Project, Part 6 (Kentucky)
By Colin Miller
Kentucky 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 5 (Delaware)
By Colin Miller
Following up on yesterday's post, Delaware is a second jurisdiction where a recanted prior inconsistent statement alone might be sufficient to secure a conviction. But have the Delaware courts actually…
EvidenceProf Blog
The Prior Inconsistent Statement Project, Part 4 (Georgia)
By Colin Miller
Based on my posts from the last two days (here and here), I have identified eight possible jurisdictions where a recanted prior inconsistent statement not given subject to the penalty…
EvidenceProf Blog
The Prior Inconsistent Statement Project, Part 3
By Colin Miller
In yesterday's post, I looked at the jurisdictions that allow for the substantive admission of prior inconsistent statements not given subject to the penalty of perjury and (seemingly) without any…
EvidenceProf Blog
The Prior Inconsistent Statement Project
By Colin Miller
Federal Rule of Evidence 801(d)(1)(A) provides thatA statement that meets the following conditions is not hearsay:(1) A Declarant-Witness’s Prior Statement. The declarant testifies and is subject to cross-examination about a prior statement,…
EvidenceProf Blog
Remembrance of Things Past: 7th Circuit Finds Prior Inconsistent Statement Rule Applied to Forgetful Witness
By Colin Miller
Federal Rule of Evidence 801(d)(1)(A) indicates thatA statement that meets the following conditions is not hearsay: (1) A Declarant-Witness’s Prior Statement. The declarant testifies and is subject to cross-examination about a…
EvidenceProf Blog
Nothing Constant But Inconsistency: Montana Case Reveals State’s Prior Inconsistent Statement Rule
By Colin Miller
Federal Rule of Evidence 801(d)(1)(A) provides that A statement that meets the following conditions is not hearsay: (1) A Declarant-Witness’s Prior Statement. The declarant testifies and is subject to cross-examination about a…
EvidenceProf Blog
Seeking Consistency: Court of Criminal Appeals Finds Extrinsic Evidence Not Admissible When Witness Admits Inconsistency
By Colin Miller
Pursuant to Tennessee Rule of Evidence 613(b),Extrinsic evidence of a prior inconsistent statement by a witness is not admissible unless and until the witness is afforded an opportunity to explain or…
EvidenceProf Blog
I’d Rather Not Say: Refusals to Answer & Prior Inconsistent Statements
By Colin Miller
Arizona Rule of Evidence 801(d)(1)(A) provides thatA statement is not hearsay if...[t]he declarant testifies at the trial or hearing...and is subject to cross-examination concerning the statement, and the statement is...inconsistent with the…