State v. Harrison, 218 N.C. App. 546 (Feb. 7, 2012)

The trial court properly allowed the State’s witness to use a prior statement to refresh her recollection. The prior statement was made to an officer and recounted an interaction between her and the defendant. The witness had an independent recollection of her conversation with the defendant and of making her statement to the officer. She affirmed that her recollection had been refreshed, testified from memory, and her testimony included details not in the statement. Her testimony showed that she was not using her prior statement as a crutch for something beyond her recall. In its decision the court reviewed and distinguished the law regarding the past recollection recorded and present recollection refreshed.

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