Ballard v. State

OPINION

KIRSCH, Judge.

Following a bench trial, James Ballard appeals his conviction for battery as a Class C felony. 1 On appeal, he raises two issues, of which we find the following to be dispositive: Whether the trial court erred in admitting the victim’s statement to police as substantive evidence under Ind. Evidence Rule 803(5)’s recorded recollection exception to the hearsay rule.

We reverse.

FACTS AND PROCEDURAL HISTORY

In September 2006, Indianapolis Metropolitan Police Department Officer Gregory Slaven was dispatched to a home on West 29th Street in Indianapolis. TV. at 59. As Officer…