State v. Hitchener
Rhode Island Supreme Court
684 A.2d 688 (1996)

- Written by Sean Carroll, JD
Facts
Cynthia Frates gave a detailed written statement to police accusing Paul Hitchener (defendant) of assault and battery. Hitchener was charged, and a probation hearing was held because the charges were a violation of Hitchener’s probation. At the hearing, Frates could not recall the events of the night of the incident, stating that she could not remember. The state (plaintiff) introduced Frates’s prior written statement to police over Hitchener’s objection as a past recollection recorded under Rhode Island Rule of Evidence 803(5). Hitchener appealed.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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