Ohio v. Scott
Ohio Supreme Court
285 N.E.2d 344 (1972)
At Scott's (defendant's) trial for shooting with intent to kill, his girlfriend Tackett testified about a conversation with Scott the day he was arrested but could not recall his exact words; the prosecution then had her authenticate a signed statement she gave police the next day, in which she said Scott told her he "wrecked a car and shot a guy," and she confirmed the statement was accurate and that her memory was better when she wrote it. The trial court admitted the written statement over Scott's objection, he was convicted, and after the court of appeals affirmed, he appealed to the Ohio Supreme Court.
Whether a written statement containing a testifying witness's firsthand knowledge, made close in time to the event while her memory was fresh, is admissible against a criminal defendant as past recollection recorded when the witness lacks present recollection but confirms the statement was accurate when written.