Unexplained Inconsistent and Irreconcilable Testimony Made Under Oath at Different Proceedings Cannot be Deemed Credible.

Nice win for IACDL member (and NevinLaw lawyer) Robyn Fyffe today.

Ever have a case where the officer testifies to one thing at the preliminary hearing and then testifies to something completely different at the motion to suppress? Anyone? Everyone? What happened at the hearing? Did the trial court find one version of the testimony to be credible and deny the motion?

That was the case in State v. Munoz. The "detective's testimony at the two proceedings was materially inconsistent and irreconcilable." Therefore, "[t]he district court's finding that Detective Pietrzak was a credible witness cannot be upheld where the record plainly shows that he was not." After emphasizing that there was no effort made to retract or correct his earlier sworn testimony, the COA states that "[i]n our view, a witness who has testified under oath to patently inconsistent descriptions of events and has not offered any explanation for the inconsistency cannot be deemed 'credible' in either instance." As there was no other evidence about the basis for the car search, the state failed to meet its burden of proving an exception to the warrant requirement.

http://isc.idaho.gov/opinions/Munoz,%20Corey.pdf

Well done, Robyn!