McNeal v. State

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In this case, the district court concluded that satisfying the foundational requirements under the past recollection recorded exception to hearsay need not come from the declarant’s testimony. Afterwards, the Supreme Court decided Polite v. State, in which the Court held that the past recollection recorded exception requires the witness to indicate that the events were fresh in her mind when the statement was made, as well as to attest to the accuracy of the memorandum or record. Because the victims in this case did not vouch at trial for the accuracy or correctness of their written statements, the Supreme Court quashed the district court’s decision and remanded for reconsideration in light of Polite. View "McNeal v. State" on Justia Law