CLE for lawyers through a podcast.
By Samuel Partida, Jr.
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People v. Moffett, 2019 IL App (2d) 180964 (December). Episode 729 (Duration 9:50)
New prior consistent statement rule makes it clear that admissible hearsay is coming in even if it is consistent with other testimony.
Read moreBy Samuel Partida, Jr.
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.
[Read more…]By Samuel Partida, Jr.
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.
By Samuel Partida, Jr.
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…]