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State v. Smith | 651 P.2d 207 (1982)
Hearsay, which is an out-of-court statement offered to prove the truth of the matter asserted, is generally inadmissible at trial. But certain types of statements are expressly exempted from being considered hearsay and are therefore admissible. In State versus Smith, we explore one such type of admissible out-of-court statement, namely, prior inconsistent statements by declarant-witnesses.
Rachel Conlin was brutally assaulted and suffered significant physical injuries. At the hospital, Conlin identified Nova Smith as her attacker. Later that day, Conlin visited the police station to give a voluntary sworn statement. On a police form that included Miranda warnings, Conlin described the assault in her own words and again identified Smith as her attacker. She signed the statement under oath with penalty of perjury before a notary.
At Smith’s criminal trial, Conlin surprised the prosecution by testifying that someone other than Smith was her attacker. In response, the prosecution introduced her prior sworn statement for impeachment purposes. When asked, Conlin admitted to making the earlier statement, but claimed that she only previously identified Smith because she was angry with him for an argument occurring before the attack. After using the statement for impeachment, the prosecution moved to admit it as substantive evidence, for the truth of its contents, to prove that Smith was Conlin’s attacker. The trial judge admitted the statement for that purpose.
The jury convicted Smith of assault, but the trial court, reconsidering the admissibility of Conlin’s statement as substantive evidence, granted a new trial. The state appealed the grant of a new trial to the state appeals court, which certified the appeal to the Washington Supreme Court.
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