United States v. Patterson
United States Court of Appeals for the Ninth Circuit
678 F.2d 774 (9th Cir. 1982)
Relevant factsFree
James Patterson (defendant) was charged with receipt of stolen forklifts; grand jury witness James McKay had testified that Patterson told him the forklifts were stolen, but at trial McKay could not remember whether Patterson told him where they came from, and attempts to refresh his memory with the grand jury transcript failed. The trial judge admitted the transcript itself under the past-recorded-recollection hearsay exception, and Patterson was convicted and appealed.
IssueFree
Whether a document recording an out-of-court statement may be admitted into evidence if the witness cannot remember making the statement.