State v. Spaulding

103 A.3d 487 (2014)

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State v. Spaulding

Vermont Supreme Court
103 A.3d 487 (2014)

Facts

Allen Spaulding (defendant) and the complainant got into an altercation. The complainant called 911 but was intoxicated at the time and remembered very little about the evening afterward. A police officer helped the complainant to write a statement about what happened. Spaulding was charged. At trial, the complainant did not remember writing or helping with writing the statement. However, there was a signature on the statement that the complainant identified as hers. The complainant testified that she would not have signed a statement if it was not true. The trial court admitted the written statement over Spaulding’s objection as a past recollection recorded. Spaulding was convicted of domestic assault, and he appealed.

Rule of Law

Issue

Holding and Reasoning (Crawford, J.)

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