Deposition Contradicts Trial Testimony
India Inoue testified at trial that she never saw the contract. Counsel introduced her earlier deposition stating the opposite. The deposition impeached her credibility on the key fact.
Also known as: impescatus · impeach
Written by attorneys — see sources below.
An evidentiary procedure for discrediting a witness by contradiction or prior inconsistent statements.
India Inoue testified at trial that she never saw the contract. Counsel introduced her earlier deposition stating the opposite. The deposition impeached her credibility on the key fact.
Igor Ito offered to pay half the disputed amount during negotiations. At trial the opponent tried to use the offer to show the claim's weakness. The court excluded the evidence because it was made in compromise talks.
Ivy Ibarra belonged to an organization whose rules required members to lie for one another. Opposing counsel cross-examined her about that membership to show bias. The evidence was admitted to attack her credibility.
Isla Ireland received Miranda warnings and stayed silent. The prosecutor later argued her silence showed she was sane. The court barred that use because post-warning silence cannot impeach an insanity defense.
In March 1963 Ernesto Miranda was arrested at his home in Phoenix and taken to the police station where he was identified by the complaining witness. He was then questioned by two officers in Interrogation Room No. 2 for two hours. The officers did not advise him of any right to counsel. Miranda signed a typed confession that was introduced at his trial for kidnapping and rape. On October 14 1960 Michael Vignera was arrested in connection with a Brooklyn robbery. He was taken first to the 17th Detective Squad headquarters in Manhattan and later to the 66th Detective Squad. A detective questioned him for several hours without any advice concerning counsel. Vignera made an oral admission. He was then questioned by an assistant district attorney whose transcribed statement was also introduced at his trial for first-degree robbery. On March 20 1963 Carl Calvin Westover was arrested by Kansas City police as a suspect in two local robberies. Kansas City police interrogated Westover on the night of his arrest. The next day local officers interrogated him again throughout the morning. Westover was then turned over to FBI agents who questioned him for two to two-and-a-half hours about California robberies and obtained signed confessions. At the time the FBI agents began questioning Westover he had been in custody for over fourteen hours. On January 31 1963 Roy Allen Stewart was arrested at his home in connection with a series of purse-snatch robberies. During the next five days police interrogated Stewart on nine different occasions without any advice of rights. On the ninth session Stewart confessed. Transcripts of the interrogations were introduced at his trial for kidnapping rape and murder. The Arizona Supreme Court affirmed Miranda's conviction. The New York courts affirmed Vignera's conviction. The Ninth Circuit affirmed Westover's conviction. The California Supreme Court reversed Stewart's conviction. The Supreme Court granted certiorari in the four cases and consolidated them for argument.
View caseIris Irons testified she had never been served. Counsel introduced her deposition admitting receipt of process. The deposition impeached her jurisdictional defense.
In February 1866, J.H. Mitchell obtained a judgment in an Oregon circuit court against Neff for less than $300 in an action for attorney services. At that time, Neff resided outside Oregon, received no personal service of process, and made no appearance in the case. The judgment was entered by default following constructive service by publication as authorized by the Oregon Code for non-resident defendants possessing property within the state. The Oregon Code also provided for attachment of a non-resident's property in money actions. No such attachment occurred with respect to the land at issue. Instead, after the judgment, an execution issued, leading to a levy on the land and its sale at a sheriff's auction. Pennoyer purchased the property at that sale and received a sheriff's deed. Separately, in 1866, the United States issued a patent to Neff for the same tract of land under the Donation Law of Oregon, which Neff valued at $15,000. Neff then brought suit against Pennoyer in the circuit court to recover possession of the premises based on his patent title. The lower court held the Oregon judgment invalid because of deficiencies in the affidavits used to obtain the publication order and to prove publication occurred. The Supreme Court of the United States granted review to consider the validity of the state court judgment and the resulting sheriff's sale.
View caseIsabelle Inman gave trial testimony inconsistent with her earlier statements. Opposing counsel introduced the prior statements to impeach. The court allowed the impeachment on credibility grounds.
Frank Palko was indicted in Fairfield County, Connecticut, for the crime of murder in the first degree. A jury found him guilty of murder in the second degree, and he was sentenced to confinement in the state prison for life. Thereafter the State of Connecticut, with the permission of the judge presiding at the trial, gave notice of appeal to the Supreme Court of Errors pursuant to an act adopted in 1886, now section 6494 of the General Statutes. Upon such appeal, the Supreme Court of Errors reversed the judgment and ordered a new trial. It found that there had been error of law to the prejudice of the state in excluding testimony as to a confession by defendant, in excluding testimony upon cross-examination of defendant to impeach his credibility, and in the instructions to the jury as to the difference between first and second degree murder. Pursuant to the mandate of the Supreme Court of Errors, Palko was brought to trial again. Before a jury was impaneled and also at later stages of the case he made the objection that the effect of the new trial was to place him twice in jeopardy for the same offense, and in so doing to violate the Fourteenth Amendment of the Constitution of the United States. Upon the overruling of the objection the trial proceeded. The jury returned a verdict of murder in the first degree, and the court sentenced the defendant to the punishment of death. The Supreme Court of Errors affirmed the judgment of conviction, adhering to a decision announced in 1894, State v. Lee, which upheld the challenged statute. Palko sought review in the Supreme Court of the United States under 28 U.S.C. § 344.
View caseYes. Any party may introduce a deposition to contradict or impeach the deponent's trial testimony or for other purposes permitted by the evidence rules.
No. Evidence of compromise offers or statements made during negotiations is inadmissible to prove or disprove a claim or to impeach by prior inconsistent statement.
Yes. A witness may be impeached by showing membership in a group whose tenets encourage lying or favoritism toward fellow members. Such evidence is always relevant to credibility.
No. Once warnings are given, due process prohibits using the defendant's silence to rebut claims of mental illness or lack of culpability.
…never be used by the prosecution. In fact, statements merely intended to be exculpatory by the defendant are often used to impeach his testimony at trial or to demonstrate untruths in the statement given under interrogation and thus to prove guilt by implication. These statements are incriminating in any meaningful…