Military Rule of Evidence 613 – Prior Inconsistent Statements

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Military Rule of Evidence 613 - Prior Inconsistent Statements

The most common type of impeachment in a trial is impeachment through prior inconsistent statements under Military Rule of Evidence 613.

The rules do not require counsel to disclose the prior inconsistent statement to the witness before cross-examining them on the statement.

The foundation is as follows:

Get the witness to commit to particular testimony from their direct testimony;
That the witness made a statement at a previous time;
The witness made a statement at previous place;
That the statement was made to a particular person;

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Daniel Conway

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For the better part of the last decade, Mr. Conway has become a nationally recognized resource on military justice. Daniel Conway is a former Marine staff sergeant and captain. He is a proud graduate of the University of Texas at San Antonio and University of New Hampshire School of Law. Mr. Conway is recently a former President of the New Hampshire Bar Association Military Law Section and a current member of the DC Bar. Mr. Conway has also written a book on Military Crimes and Defenses that is near publication with a major ...

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A Richmond, Virginia native, Mr. Pristera graduated from Virginia Commonwealth University with a degree in Mechanical Engineering. After spending some time as a DuPont engineer, specifically working on Kevlar manufacturing and ballistics applications, Mr. Pristera attended law school at the University of New Hampshire. On July 4, 2010, Mr. Pristera was commissioned in the U.S. Army in the Judge Advocate General’s Corps. Mr. Pristera spent almost six years on active duty. He spent just over three of those years in criminal defense, ...

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Joseph Galli

Attorney

Originally from Portland, Maine, Mr. Galli attended Elmira College in New York on a four-year Army ROTC Scholarship. At Elmira, he double majored in Business Administration and Public Affairs. Mr. Galli graduated from Elmira College in 2009 with a Bachelor of Science degree and was Commissioned as a Second Lieutenant in the United States Army. Mr. Galli began his study of the law in 2009 at the University of New Hampshire School of Law. There, he focused on litigation and honed his advocacy skills as a member of the Advanced Trial ...

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I Wanted To Thank You For Your Help With Our Case. We Were Surprised At The Many Roadblocks We Met With This Command, And Are So Grateful Your Firm Was There To Assist Us.

Dear Gary,

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NORFOLK, VA

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Dan Conway was instrumental in righting the wrongs during an investigation that went unchecked prior to his arrival. In the end, there couldn't have been a more desirable outcome. I cant recommend both Dan and this firm enough if / when you find yourself in a bind. Pleading your case to the military is a daunting task and this is the team you want in your corner when it's required.

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