Evidence-Wellborn SU2006 Outline

Note inconsistency is not limited to diametrically

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Unformatted text preview: Consistent (C) IDs PRIOR STATEMENT BY WITNESS [FRE 801(d)(1)] Prior Statement by Witness Inconsistent Statements [FRE 801(d)(1)(A)] FRE 801(d)(1)(A): Statements Which Are Not Hearsay. A statement is not hearsay if (1) Prior statement by witness. The declarant testifies at the trial or hearing and is subject to crossexamination concerning the statement, and the statement is (A) inconsistent with the declarant's testimony, and was given under oath subject to the penalty of perjury at a trial, hearing or other proceeding, or in a deposition. Texas differs here: "except a grand jury proceeding" Can't testify as to statements previously made in a grand jury proceeding Texas has a provision which incorporates a provision of the Code of Criminal Procedure allowing for visually recorded prior statements by child victims not hearsay if the declarant testifies at trial! Note: A prior inconsistent statement that does not qualify as substantive evidence under Rule 801(d)(1)(A) is hearsay. Such a statement may be admissible for impeachment, subject to the requirem...
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This note was uploaded on 08/28/2008 for the course N 483 taught by Professor Wellborn during the Summer '08 term at University of Texas at Austin.

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