State v. Brown, ___ N.C. App. ___, 811 S.E.2d 224 (Feb. 20, 2018)

In this murder case, the trial court did not err by admitting into evidence prior written statements made to the police by the defendant’s brothers, Reginald and Antonio, pursuant to the Rule 803(5) recorded recollection exception to the hearsay rule. The statements at issue constitute hearsay. Even though Reginald and Antonio testified at trial, their written statements were not made while testifying; rather they were made to the police nearly 3 years prior to trial. Thus they were hearsay and inadmissible unless they fit within a hearsay exception. Here, and as discussed in detail in the court’s opinion, the statements meet all the requirements of the Rule 803(5) recorded recollection hearsay exception.