Section 16.10 Generally

• Library: Evidence 2017

1. (§16.10) Generally

A prior inconsistent statement is one that to some degree conflicts with the witness’s present testimony at trial. If admitted as an exception to the hearsay rule—as opposed to being offered merely for impeachment—a prior inconsistent statement is substantive evidence of the matters it contains. For a discussion of the difference between impeachment for a prior inconsistent statement of a witness and admission of evidence for the witness’s character for truthfulness and veracity, see Mitchell v. Kardesch, 313 S.W.3d 667 (Mo. banc 2010). In criminal cases, the failure to impeach with a prior inconsistent statement may be a basis for postconviction relief if the prior statement offers a defense to the crime charged. Johnson v. State, 406 S.W.3d 892, 902–03 (Mo. banc 2013).

This exception is...