United States v. Felix-Jerez

Miguel Felix-Jerez (defendant), who spoke no English, was interrogated after escaping from prison, with Daniel Tolavera translating his answers into English for Deputy Marshal Larry Hardeman, who took notes implicating Felix-Jerez. Tolavera never translated the notes back into Spanish for Felix-Jerez, and Felix-Jerez never reviewed or signed them for accuracy. At trial, the prosecutor never asked Hardeman whether he could independently recall the interrogation, and no evidence showed his memory of it was actually deficient; nonetheless, the judge admitted Hardeman's notes as recorded recollection, and they were read to the jury. Felix-Jerez was convicted and appealed.