Jerri Lynn Scearce v. Commonwealth of VA

BENTON, Judge.

The trial judge convicted Jerri Lynn Scearce of attempting to procure a witness to commit perjury. On appeal, Scearce contends the trial judge erred in ruling that the prosecutor laid a proper foundation to admit into evidence a statement under the past recollection recorded exception to the hearsay rule. For the reasons that follow, we reverse the conviction and remand the case for a new trial.

I

The evidence proved that a police officer arrested Scearce’s fiancé, Henry Tickle, for driving on September 30, 2000 be tween 4:00 a.m. and 4:30 a.m., which was outside the restricted…