Commonwealth v. Daye
Supreme Judicial Court of Massachusetts
469 N.E.2d 483 (1984)
Relevant factsFree
A grand jury witness, Ciambelli, identified Daye (defendant) as the shooter, but at trial recanted and denied recognizing him; the judge admitted Ciambelli's grand jury testimony under the past-recollection-recorded doctrine, and Daye was convicted, appealing on the ground that admitting the testimony was improper once Ciambelli repudiated it at trial.
IssueFree
Whether the hearsay rule prohibits the probative use of a witness's prior inconsistent statement if that statement was given under oath and the witness is available for cross examination concerning the statement.