State v. Dexter

pgjj CURIAM.

This is a pretrial appeal by the state pursuant to Rule 29.03, Rules of Criminal Procedure, from an evidentiary ruling of the district court in a criminal prosecution of defendant. The issue raised by the state is whether the court erred in barring the prosecution from impeaching one of its own witnesses with extrinsic evidence of prior inconsistent statement she allegedly made to friends. We affirm and remand for trial.

The state in its brief admits that the alleged prior inconsistent statements are not admissible substantively. Under Rule 801(d)(1)(A), Rules of Evidence, prior…