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This will be the first time we've dealt with a "new" trial. We are not sure about the law regarding impeachment with inconsistent statements/refreshing memory with testimony from the first trial in a new criminal trial. Superficial searches really don't point to anything governing except 613 - can some of you who have retried cases on remand where defendant was convicted and sentenced to the pen at the first trial give a bit of input on some issues to expect? Or do we approach the whole thing as if the first one never happened at all? (no impeachment with sworn testimony from the first trial) | ||
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You can still impeach with the prior testimony. I'd just refer to it as a "your testimony in a prior proceeding" or something along those lines. Just don't let the jury know that it's from a previous trial in the same case | |||
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The strategy above has been successfully employed in a number of reversed and retried death penalty cases. It is sound. As LT advised, it is imperative to avoid any reference to a prior trial. And, of course, both sides get to do it with the other's re-used witnesses. | |||
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