State v. Smith
Washington Supreme Court
651 P.2d 207 (1982)
After being assaulted, Rachael Conlin gave a sworn, notarized statement to police identifying Nova Smith (defendant) as her attacker. At trial, Conlin unexpectedly testified that a different man, Gomez, was the attacker and that Smith only helped her. The prosecution introduced her prior sworn statement, first for impeachment and then as substantive evidence under Evidence Rule 801(d)(1)(i), which covers prior inconsistent statements made in an "other proceeding." The trial court admitted the statement but later granted a new trial, holding the police-station affidavit was not made in a "proceeding"; the State appealed.
Whether a sworn affidavit given during a law enforcement investigation can satisfy the "other proceeding" requirement for admitting a witness's prior inconsistent statement as substantive evidence.