United States v. Patterson

678 F.2d 774 (9th Cir. 1982)

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Nature of the Case

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Facts

Three forklifts were stolen and eventually were recovered in the Reno-Sparks area of Nevada. Three forklifts were stolen and eventually were recovered in the Reno-Sparks area of Nevada. D purchased all three of them. P alleged the sellers were D's codefendants, Gerald Heidinger, and Steve Austin. The grand jury indicted Heidinger and Austin for transporting the second and third forklifts in interstate commerce and selling them and for conspiring with D and unknown other persons to transport stolen motor vehicles in interstate commerce. The grand jury indicted D charging him with receiving stolen property and with conspiring to transport stolen motor vehicles. During the grand jury, James McKay testified that D had told him that the forklifts were stolen. During trial, McKay suffered a complete lapse in memory. After the prosecutor tried without success to refresh McKay's memory with a transcript of his grand jury testimony, the trial judge allowed the pertinent portion of the grand jury testimony to be read into the record as a past recorded recollection exception to the hearsay rule. D was convicted and appealed.