Prior Consistent Statement

Problems With The Prior Consistent Statement Illinois Rule 613(c)

February 19, 2019 By Arthur McGibbons

Prior Consistent Statement

Generally, a prior consistent statement of a witness is inadmissible for the purpose of corroborating the witness’s trial testimony. People v. Donegan, 2012 IL App (1st) 102325, ¶ 52. That is so because it is likely to unfairly enhance the witness’s credibility solely because the statement has been repeated.

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How To Think Through And Analyze A Prior Inconsistent Statement…The Huffing Example

December 18, 2018 By Arthur McGibbons

People v. Blakey, 2015 IL App (3d) 130719 (November). Episode 571 (Duration 16:52)

We use this case as an example on to how to think through and analyze a prior inconsistent statement problem when it comes up at trial.

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When Prior Testimony Of An Unavailable Witness Is Admitted The Testimony May Be Impeached

January 2, 2018 By Arthur McGibbons

People v. Fillyaw, 2018 IL App (2d) 150709 (December). Episode 575 (Duration 5:52)

Improper to not allow the defense to impeach an unavailable witness with an affidavit obtained by the defense. [Read more…]

Prior Inconsistent Statement: The Most Important Case On The Subject

December 23, 2015 By Arthur McGibbons

Recently, appellate Judge Steigmann form the Fourth Appellate District Court bench slapped the entire Illinois criminal law bar for repeatedly making the same trial mistake. [Read more…]