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 moreProblems With The Prior Consistent Statement Illinois Rule 613(c)
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.
[Read more…]How To Think Through And Analyze A Prior Inconsistent Statement…The Huffing Example
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.
When Prior Testimony Of An Unavailable Witness Is Admitted The Testimony May Be Impeached
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…]