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

Dorothye Winters filed a suit against her husband for divorce on grounds that he was harsh, cruel, and unkind. Elmer denied those charges and charged that Dorothye's association with another man was the sole cause of trouble in the marriage. During the trial, a P.I. testified that he had followed and observed Dorothye with a Carl Maberry on seven different instances. The P.I referenced his notes from those observations to refresh his memory during the trial. On cross-examination, Dorothye requested to see the notes. That was denied. Dorothye lost her action and appealed.

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