Evidence-Wellborn SU2006 Outline

so if sa painting were to happen in texas the other

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: This is the rule in Texas civil cases as well! UNITED STATES v. RICCARDI [Writing Used to Refresh Memory FRE 612] Facts: Rich lady, Doris, got ripped off put a bunch of her nice stuff in storage or for moving, and defendant stole it. Prosecution wants to establish what was stolen and then talk about value of it in order to determine the gravity of the defense. Made a record of what went into the boxes and she did it with her servant, originally these were just a bunch of scraps of paper that accumulated during the process, and then later were compiled into a master list. Procedural Posture: Gov sought to have Doris testify with respect to the chattels by using the typewritten notes for the purpose of refereshing her recollection. With the aid of these lists, Doris testified that her recollection was refreshed and that she presently recognized and could identify each item. List were not offered or received in evidence. Gov. did the same thing with an antique dealer who knew Doris' home well. Issue: D argues two things: Lists should not have been used because they were not made by the witness shortly after the time of the transaction while the facts were still fr...
View Full Document

This note was uploaded on 08/28/2008 for the course N 483 taught by Professor Wellborn during the Summer '08 term at University of Texas at Austin.

Ask a homework question - tutors are online