Topic
Prior Inconsistent Statements
33 published works
EvidenceProf Blog
Swing and a Miss: Court of Appeals of Mississippi Seemingly Botches Prior Inconsistent Statement Appeal
By Colin Miller
Similar to its federal counterpart, Mississippi 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,…
EvidenceProf Blog
No Answer: 2nd Circuit Finds An Answer At A Prior Trial Is A Prior Inconsistent Statement If Witness Refuses To Answer
By Colin Miller
Federal Rule of Evidence 801(d)(1)(A) provides thatA statement that meets the following conditions is not hearsay:...The declarant testifies and is subject to cross-examination about a prior statement, and the statement:...is inconsistent…
EvidenceProf Blog
An Inconsistent Truth: Arizona Case Reveals Different Prior Inconsistent Statement Rule
By Colin Miller
Federal Rule of Evidence 801(d)(1)(A) provides that a statement is not hearsay ifThe declarant testifies and is subject to cross-examination about a prior statement, and the statement:....is inconsistent with the declarant’s…
NJ Family Legal Blog
Everything You Say Can and Will Be Used Against You in a Court of Law – Especially if you said something different in another court
We have all seen and heard those familiar words in the title of this entry in moves or on TV. This is part of the "Miranda" warning administered by a police…
EvidenceProf Blog
Sign Here: 5th Circuit Finds District Court Improperly Excluded Signed Prior Inconsistent Statements
By Colin Miller
Federal Rule of Evidence 613 provides that witnesses can be impeached through prior inconsistent statements. Meanwhile, Federal Rule of Evidence 901(a) provides that The requirement of authentication or identification as a condition precedent…
EvidenceProf Blog
Truth Of The Matter: Supreme Court Of Mississippi Finds Doctor’s Affidavit Was Properly Admitted
By Colin Miller
Like its federal counterpart, Mississippi 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,…
EvidenceProf Blog
Lie To Me: Court Of Appeals Of Arkansas Finds Trial Court Erred In Prior Inconsistent Statement Ruling
By Colin Miller
Like its federal counterpart, Arkansas Rule of Evidence 613 sets forth the procedure for admitting prior inconsistent statements for impeachment purposes. It provides that(a) Examining Witness Concerning Prior Statement. In examining…
EvidenceProf Blog
Collateral Damage: 8th Circuit Finds District Court Properly Precluded Extrinsic Evidence of Prior Inconsistent Statement
By Colin Miller
It is well established that a witness who testifies at trial can be impeached if he made a prior inconsistent statement before trial; moreover, Federal Rule of Evidence 613(b) indicates that the…
EvidenceProf Blog
Mayberry, R.F.D.: Sixth Circuit Allows For Introduction Of Prior Inconsistent Statements After Witness Claims Lack Of Memory In Christmas Case
By Colin Miller
The opinion of the Sixth Circuit in United States v. Mayberry, 540 F.3d 506 (6th Cir. 2008), reveals that the prosecution can introduce a prior inconsistent statement when a witness…
EvidenceProf Blog
Looking For Some (In)Consistency: Florida Case Perfectly Illustrates Differences Between Two Prior Inconsistent Statement Rules
By Colin Miller
Rarely do I find a case that perfectly illustrates the differences between the two prior inconsistent statement rules. The recent opinion of the District Court of Appeal of Florida in…