Confusing Recorded Recollection and Present Recollection Refreshed

I wrote a post (here) about the recorded recollection exception to the hearsay rule, in which I noted that this exception often is confused with the technique of present recollection refreshed under Evidence Rule 612. We see a little of that in the recent court of appeals decision, State v. Brown. Let’s take a look. When a witness testifies that he or she can’t remember the matter in question, the proponent may have the witness review a document or item to refresh the witness’s memory. If reviewing the material sufficiently refreshes the witness’s recollection, the witness then testifies to the matter in question and no hearsay issues are presented. That is present recollection refreshed. When, however, the witness’s memory can’t be refreshed, the proponent may seek to introduce the contents of a memorandum or record created by the witness as a recorded recollection, and in lieu of the witness’ trial testimony. See, e.g., State v. Spinks, 136 N.C. App.153, 158 (1999) (State turned to this exception when unable to refresh the witness’s recollection). To be admissible as a recorded recollection, the contents of the memorandum or record must satisfy the Rule 803(5) hearsay exception. See generally State v. Harrison, 218 N.C. App. 546 (2012). To be admissible under that exception, the proponent must establish that the witness once had knowledge about the matters recorded but now has insufficient recollection to allow for full and accurate testimony about those matters and that the record was made or adopted by the witness when [...]