Does a witness who disowns his out-of-court identification have an opportunity to question the witness on the witness stand?

California, United States of America

The following excerpt is from People v. Cuevas, 12 Cal.4th 252, 48 Cal.Rptr.2d 135, 906 P.2d 1290 (Cal. 1995):

This court has previously noted with respect to the first category--a witness who disowns the out-of-court identification--that the "[d]efendant retains the opportunity to question the declarant as to the circumstances surrounding the prior statement[ ] and to elicit from the declarant an explanation for the inconsistencies in his prior statement and his on-the-stand testimony. Through such questioning, the defendant can test the credibility of the witness' statements on the witness stand before the trier of fact." (People v. Chavez, supra, 26 Cal.3d at pp. 360-361, 161 Cal.Rptr. 762, 605 P.2d 401.)

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