State v. Spaulding

*394Tomasi, Supr. J.,

¶ 39. Specially Assigned, concurring. I agree with the majority that we should reject the totality-of-the-circumstances test set out in the plurality opinion in State v. Marcy, 165 Vt. 89, 680 A.2d 76 (1996). I do so, however, based on an alternate rationale and come to a different result concerning the admission of recorded recollections based on claims of “general honesty.” Because I conclude that the trial court’s use of the incorrect standard requires reversal, I concur in the Court’s judgment reversing and remanding for a new trial.6

I. Vermont Rule of Evidence 803(5)

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