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Home / Courts / Criminal Practice – Larceny of a Dog – Evidence – Present Recollection Refreshed – Reading of Statement – Sent to Jury Room – Constitutional – Fifth Amendment (access required)

Criminal Practice – Larceny of a Dog – Evidence – Present Recollection Refreshed – Reading of Statement – Sent to Jury Room – Constitutional – Fifth Amendment (access required)

State v. Harrison Witness Kristyn Stanco testified that her past recorded statement refreshed her memory; nevertheless, she was allowed to read that statement to the jury. Even if this was error, it was not plain error. Stanco testified independently about the contents of the statement, and the jury heard nothing from her reading of the statement that it did not hear from her. In addition, defendant had the opportunity both to cross-examine Stanco about the statement and to testify himself when he took the stand.

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