State v. Wilson

I respectfully dissent.

With respect to appellant’s first assigned error the majority determined that under the evidence in the case, it was not error for the trial court to refuse to require a writing to be produced or preserved in the record for review on appeal because it had been used by Officer Dennis to refresh his memory prior to testifying.

At the beginning of cross-examination, Officer Dennis testified that he reviewed the report or memorandum prior to testifying:

“Q. Officer Dennis, have you used any type of written report or memorandum to refresh your recollection prior to coming to…