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My witness will be present, but she claims no memory of anything. She is elderly and somewhat confused, so I buy it. She gave a statement to officers at the scene of a gambling house bust. Any problems with entering the statement as a recorded recollection after laying the proper predicate?
 
Posts: 71 | Location: Galveston, Texas, US | Registered: November 02, 2010Reply With QuoteReport This Post
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I would first try to refresh her memory on the stand with the statement. If this review of her statement refreshes her memory, she can testify from memory. If it's not refreshed, admit the statement as a recorded recollection. But remember, like a learned treatise, it cannot be admitted in physical form, only read.
 
Posts: 66 | Location: Travis County, TX, USA | Registered: August 04, 2008Reply With QuoteReport This Post
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It's in audio form. It's a statement recorded onto a cd.
 
Posts: 71 | Location: Galveston, Texas, US | Registered: November 02, 2010Reply With QuoteReport This Post
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