Impeachment

Question 1

Extrinsic Evidence of Inconsistent Statement

Answer 1

Fed - Extrinsic evidence of a prior inconsistent statement can be introduced only if (1) the witness is given an opportunity to explain or deny the statement and (2) and adverse party is given an opportunity to examine the witness about the statement. IMPORTANT - this foundational requirement can be met at any time during the trial - even after the extrinsic evidence is introduced

GA - extrinsic evidence of the witness’s prior inconsistent statement will not be admitted unless the witness if FIRST given an opportunity to explain or deny the statement

Question 2

Prior Inconsistent Statement Hearsay Exclusion

Answer 2

Fed - if the declarant testifies at trial, subject to cross examination, and the prior inconsistent statement was made under oath at a prior proceeding, it is admissible non-hearsay

GA - where the declarant is testifying at trial and subject to cross examination, the prior inconsistent statement is admissible as substantive evidence even if it was not made under oath

Question 3

Convictions Not Admissible for Impeachment

Answer 3

In GA the following are not admissible for impeachment

1) a conviction based on a plea of nolo contendere
2) a final adjudication of guilt and subsequent discharge under a first offender statute