This section contains the nature of the case and procedural background.

Scott (D) was convicted of shooting at another man with the intent to kill and for shooting at two police officers. One of the victims was blinded by a shotgun blast in the face, and the other was chased down by D when he fled the house. The police eventually pursued D. Just prior to D's arrest, D went to a theater and had a conversation with an old friend, Carol Tackett, who was told by D that he had wrecked a car and shot a guy. One day after the arrest, Carol gave a statement to the police concerning this conversation. During trial, Carol could not remember the content of the statement or all the events of that day. During trial this statement was admitted into evidence under past recollection recorded, and D objected but that was overruled. Carol had given testimony prior to the admission of the signed statement. D was convicted and appealed.

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