Federal Rule Of Evidence 803(5) (Recorded Recollection)

13 Florida cases classified under this topic · sorted by citation count · browse and sort

• United States v. Ramsey
  785 F.2d 184· 7th Cir.· 1986-02-28 ·cited 94×
  The court affirmed the convictions, holding that the evidence was sufficient to support the jury's findings of guilt and that the jury instructions and evidentiary rulings were proper.
• United States v. Riley
  657 F.2d 1377· 8th Cir.· 1981-09-08 ·cited 63×
• United States v. RAY
  768 F.2d 991· 8th Cir.· 1985-07-29 ·cited 44×
  The court held that admitting a transcript of an attorney's prior unsworn statements as an exhibit was reversible error, requiring a new trial, but remanded for findings on Speedy Trial Act issues.
• Holmes v. J. RAY McDERMOTT & Co., Inc.
  734 F.2d 1110· 5th Cir.· 1984-06-25 ·cited 43×
  The court held that the use of prior witness statements was harmless error, the safety expert's testimony was admissible, and the jury's award of damages for willful refusal of maintenance and cure was supported by evidence. However, the award of maintenance and cure beyond the d
• Baker v. Elcona Homes Corp. & Joseph L. Slabach
  588 F.2d 551· 6th Cir.· 1978-12-08 ·cited 41×
  The court held that the police accident report was admissible under the public records exception to the hearsay rule, and other alleged errors were either harmless or properly submitted to the jury.
• Arrow-Hart, Inc. v. Philip Carey Co.
  552 F.2d 711· 6th Cir.· 1977-04-07 ·cited 26×
  A new trial is required when a judge dies before making findings of fact or conclusions of law, unless all parties unanimously agree to proceed on the existing record.
• United States v. Sawyer
  607 F.2d 1190· 7th Cir.· 1979-08-16 ·cited 24×
  The court held that a referral report, despite being hearsay and potentially excluded, was admissible under the recorded recollection exception when the reporting officer was available for cross-examination.
• Ricciardi v. The Child's. Hosp. Med. Ctr.
  811 F.2d 18· 1st Cir.· 1987-02-06 ·cited 16×
  The court held that a medical chart note, lacking personal knowledge from the entrant and with an unknown source, was inadmissible hearsay and could not be the basis for an expert witness's opinion.
• United States v. Williams
  571 F.2d 344· 6th Cir.· 1978-02-22 ·cited 12×
  A prior written statement adopted by a witness, even if written by another, is admissible under Federal Rule of Evidence 803(5) as recorded recollection if the witness once had knowledge but now has insufficient recollection, and the statement was made or adopted when the matter
• Rock v. Huffco GAS & OIL Co.
  922 F.2d 272· 5th Cir.· 1991-01-31 ·cited 11×
  The court held that statements made by the injured employee to his physicians, contained in medical records, accident reports, and to family members, were inadmissible hearsay and did not meet the exceptions to the hearsay rule.
• Est. OF Cordial Gryder v. Commissioner OF Internal Revenue
  705 F.2d 336· 8th Cir.· 1983-04-29 ·cited 8×
  The court affirmed the Tax Court's judgment, holding that secondary evidence of destroyed corporate records was admissible, the evidence supported findings of fraud, the statute of limitations was lifted due to fraud, and the widow was not an innocent spouse.
• United States v. Porter
  986 F.2d 1014· 6th Cir.· 1993-02-25 ·cited 6×
  The court affirmed the district court's decision to admit the evidence, finding no abuse of discretion.
• Bondie v. BIC Corp.
  947 F.2d 1531· 6th Cir.· 1991-11-01 ·cited 3×
  The court affirmed the district court's judgment and denial of a new trial, finding no reversible error in the proceedings or the verdict.