Impeachment of Prior Inconsistent Witness Statement In Texas
Texas Rule of Evidence 613 requires that in examining a witness about a prior inconsistent statement, the witness must be told the contents of the statement, and the time and place and the person to whom it was made, and must be afforded an opportunity to explain or deny the statement. See McGary v. State, 750 S.W.2d 782, 786 (Tex. Crim. App. 1988); Tex. R. Evid. 613.
If the witness unequivocally admits having made a prior inconsistent statement then the extrinsic written statement is inadmissible. McGary, 750 S.W.2d at 786.
Under these circumstances, the witness will have performed the act of impeachment on his own and there is no need to use the prior statement for impeachment purposes. Id.