State v. Yough

Trials are not perfectly orchestrated productions. The testimony of witnesses may not always be predictable, particularly in criminal cases where depositions are not a typical tool of discovery. On the stand, a witness may give testimony that is different from or more expansive than an out-of-court statement recorded by the police. In many instances, discrepancies will advantage a defense attorney attempting to discredit a witness—but not always. Every witness’s digression from a prior statement cannot be grist for the granting of a new-trial motion.

In this case, the victim of a robbery…