Johnson v. State
Court of Criminal Appeals of Texas
967 S.W.2d 410 (Tex. Crim. App. 1998)
Johnson (defendant) was tried for murder; an eyewitness, Taylor, had given a signed statement near the time of the killing but, at trial, claimed he could not remember giving the statement, what he told police, or the events of the murder itself, though he admitted his recollection was fresher at the time and that the signature was his. The trial court allowed the entire statement to be read to the jury, and Johnson was convicted and sentenced to death.
Whether a past recorded recollection of a witness is admissible under Rule of Evidence 803(5) if the witness had firsthand knowledge of the event, made the written statement at or near the time of the event, lacks present recollection of the event, and vouches for the accuracy of the written statement.