State v. Black, 197 N.C. App. 731 (Jul. 7, 2009)

The trial court did not abuse its discretion in admitting a witness’s refreshed recollection. The witness’s testimony was not merely a recitation of the refreshing memorandum. The witness testified to some of the relevant events before being shown a transcript of his police interview. After being shown the transcript, the witness was equivocal about whether he made the statements recorded in it. However, after hearing an audio tape of the interview out of the presence of the jury, the witness said that his memory was refreshed. He then testified in detail regarding the night in question, apparently without reference to the interview transcript. Where, as here, there is doubt about whether about whether the witness was testifying from his or her own recollection, the testimony is admissible, in the trial court’s discretion.