Evidence-Wellborn SU2006 Outline

Notes huge recorded recollection requires that the

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Unformatted text preview: after the conversation. Memorandum not made but adopted by witness. Rule 803(5) extends to a memorandum or record "adopted by a witness, such as where the witness orally recounted a matter to another who reduced the account to a written statement which the witness then verified. UNITED STATES v. PATTERSON [Hearsay Exceptions; Unavailability of Declarant is material here!! Recorded Recollection of Declarant: FRE 803(5)] Facts/Procedural Posture: D appeals his conviction on two counts of receiving stolen property and on one count of conspiracy to transport stolen motor vehicles in interstate commerce. D's nephew told the grand jury that D had told him the forklifts were obtained from a man in California and that they had been stolen. At trial, the nephew testified he could not remember the D telling him about the source or legality of the forklifts. After the prosecutor tried w/o success to refresh McKay's memory with a transcript of his grand jury testimony, the trial judge allowed the pertinent portion of the grand jury testim...
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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.

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