4/24/2024 0 Comments Inconsistent witness statementsEvidence of previous contradictory statements made by a witness sought to be impeached is not affirmative proof of the truth of such previous statements. With regard to a defendant's conviction for aggravated assault in a case that the defendant and the complainant reconciled and the complainant had recanted the allegations against the defendant by the time of trial, the defendant failed to prove that defense counsel was ineffective as a result of failing to object to attempted impeachment evidence of the complainant wherein the complainant was asked whether the officers the crime was reported to had lied at trial because the state's question was permissible as part of an attempt to impeach the complainant with the complainant's prior inconsistent statement. Prior inconsistent statement of witness who takes stand and is subject to cross-examination is admissible as substantive evidence and is not limited to impeachment purposes. ![]() Inconsistency of statement does not render a witness's testimony inadmissible it merely lays the witness open to impeachment. § 24-9-83).Ībsence of prior statement at preliminary hearing fails to amount to a contradiction. Pretrial statement does not prohibit trial testimony inconsistent therewith. §§ 24-4-608 and24-6-613) were not exhaustive as to the manner in which a witness may be impeached. Witness can be impeached as to matters relevant to the witness's testimony and to the case, and by disproving facts testified to by the witness. § 24-9-83 are included in the annotations for this Code section. For article, "The Need For a Special Exception to the Hearsay Rule in Child Sexual Abuse Cases," see 21 Ga. ![]() If a prior consistent statement is offered to rebut an express or implied charge against the witness of recent fabrication or improper influence or motive, the prior consistent statement shall have been made before the alleged recent fabrication or improper influence or motive arose. A general attack on a witness's credibility with evidence offered under Code Section 24-6-608 or 24-6-609 shall not permit rehabilitation under this subsection. A prior consistent statement shall be admissible to rehabilitate a witness if the prior consistent statement logically rebuts an attack made on the witness's credibility. ![]() This subsection shall not apply to admissions of a party-opponent as set forth in paragraph (2) of subsection (d) of Code Section 24-8-801.
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