Hutcherson v. State

OPINION

CRONE, Judge.

Case Summary

This case addresses the unusual circumstance where, in a criminal trial, the State attempts to use a witness’s prior statement to refresh his recollection, but the witness cannot read. Dontevius Hutcherson was charged with multiple counts, including murder, attempted murder, and robbery. When the police took a statement from Victor Lee, he said that he saw Hutcher-son shortly after the shootings and that Hutcherson told him that he had shot and robbed two men. However, at trial, Lee claimed that he could not recall any of the information regarding a…