Prior Inconsistent Statements

• State v. Hendricks, (Ohio 2012)

Aggravated assult; Hearsay; Inferior degree; Jury instruction; Plain error; Prior inconsistent statements; Trial strategy

• Ohio Supreme Court

• Prior Inconsistent Statements

Communications made by a witness before the time he or she takes the stand to testify in an action that contradict subsequent test...

• West's Encyclopedia of American Law
• Po–San

• State v. Bankston, (Ohio 2011)

Audio recording used to refresh a witness’s memory should be reviewed by the witness, out of the hearing of the jury. A ten-minute recording of a telephone conversation that defendant had with his mother, which the court allowed to refresh the latter’s memory, should not have been played in open court in presence of the jury. A recording of a fifteen-minute telephone conversation that defendant had with the victim, in which the state claimed the defendant made prior inconsistent statements, should not have been played in its entirety when any prior inconsistent statements made were made in the first four minutes, and the rest was unfairly prejudicial. Defendant’s prior conviction for domestic violence was admissible as an element of this subsequent domestic violence offense. The trial c...

• Ohio Supreme Court

• Abels v. Ruf, (Ohio 2009)

medical malpractice – expert testimony – discovery deadline – broad discretion – prior inconsistent statements – extrinsic evidence – credibility – impeachment – relevant evidence – lack of prejudice – cross-assignment of error – moot

• Ohio Supreme Court

• State v. Bell, (Ohio 2009)

Domestic violence; prior inconsistent statements; excited utterance; sufficient evidence; manifest weight of the evidence; ineffective assistance of counsel.

• Ohio Supreme Court

• Lon Walker v. Jim Morrow, (6th Cir. 2012)

... shot Howard, as well as several of her prior inconsistent statements stating that Howard shot h...

• Federal Circuits

• State v. Lynch, (Ohio 2006)

Prior inconsistent statements.

• Ohio Supreme Court

• State v. Williams, (Ohio 2003)

consecutive maximum sentences; prior inconsistent statements

• Ohio Supreme Court

• State v. Risden, (Ohio 2010)

Appellant was not prejudiced by the trial court decision to allow the State to introduce its witnesses’ prior inconsistent statements in order to impeach their testimony. Trial court did not err in allowing appellant’s confessions to be admitted into evidence since the State had already adduced sufficient evidence to satisfy the requirements of the corpus delicti rule in regards to the charges of aggravated vehicular homicide and tampering with evidence. The jury’s verdict finding appellant guilty on all counts was supported by sufficient evidence and was not against the manifest weight of the evidence. Appellant did not receive ineffective assistance of counsel. Judgment affirmed. (Fain, J., concurring in the judgment.)

• Ohio Supreme Court

• State v. Arnold, (Ohio 2010)

Evid.R. 614, which authorizes the court to call a witness as a court’s witness on the suggestion of a party, who may then cross-examine the witness, does not contemplate doing so in order to permit the party to impeach the witness with evidence of his prior inconsistent statements offered as substantive evidence instead of for purposes of impeachment; prosecutor’s failure to disclose the address of a witness known to the prosecutor, following Defendant’s discovery demand and the court’s order compelling the prosecutor to disclose the witness’s address, is prosecutorial misconduct, which on this record deprived the Defendant of her Sixth Amendment right of confrontation, when Defendant had only several minutes prior to the witness’s trial testimo...

• Ohio Supreme Court