State v. Pierro

The opinion of the court was delivered by

BAIME, J.A.D.

This case presents novel questions concerning the scope of Evid.R. 65. This rule permits introduction of evidence affecting the credibility of a declarant whose out-of-court statement has been admitted under an exception to the hearsay rule. We hold that evidence of the defendant’s threats resulting in the declarant’s refusal to testify and recant his previously admitted declaration against penal interest may be introduced. We also hold that when impeachment evidence is admitted under Evid.R. 65, the trial court should instruct the jury…