Peter Griffith v. State of Indiana

I dissent because I believe my colleagues, as well as the trial court, applied a too stringent standard in their interpretation of Evidence Rule 613(b). It is clear to me that Federal Rule of Evidence 613(b), which is identical to Indiana Evidence Rule 613(b), allows impeachment by prior inconsistent statements after the witness to be impeached has already testified. This is true even if the party wanting to introduce the prior inconsistent statements did not cross-examine the witness about those statements. See U.S. v. Della Rose, 403 F.3d 891, 903 (7th Cir.2005); U.S. v. Schnapp, 322 F.3d…