State v. Stone. MN evidence prior recorded recollection, Rule 803(5)
The trial court did not abuse its discretion in admitting audio recording of police interview with witness as recorded recollection under Minn. R. Evid. 803(5). This rule requires that the witness "now has insufficient recollection to testify fully and accurately. This exception to the hearsay rule applies even though the witness "has some memory of a prior event."
No. A08-769, 784 N.W.2d 367 (Minn. June 30, 2010).
Please see the original opinion for the court's exact language.
Richard P. Clem is an attorney and continuing legal education (CLE) provider in Minnesota. He has been in private practice in the Twin Cities for 25 years. He has a J.D., cum laude, from Hamline University School of Law in St. Paul and a B.A. in History from the University of Minnesota. His reported cases include: Asociacion Nacional de Pescadores a Pequena Escala o Artesanales de Colombia v. Dow Quimica de Colombia, 988 F.2d 559, rehearing denied, 5 F.3d 530 (5th Cir. 1993), cert. denied, 510 U.S. 1041 (1994); LaMott v. Apple Valley Health Care Center, 465 N.W.2d 585 (Minn. Ct. App. 1991); Abo el Ela v. State, 468 N.W.2d 580 (Minn. Ct. App. 1991).
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