recollection refreshed doctrine (Ohio) · Go Syfert
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recollection refreshed doctrine in Ohio

7 Ohio opinions name it 2 courts 2012–2026 2 in the last five years

The cases below were cited by Ohio courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
State v. Scottgreen
ohio · 1972 · cited in 7 Ohio opinions naming this issue, 2012–2026
2 sentences

2026The rule provides that a witness may use a writing to refresh memory for the purpose of testifying “if the court in its discretion determines it is necessary in the interests of justice.” “Under the doctrine of present recollection refreshed, ‘the witness looks at the memorandum to refresh his memory of the events, but then proceeds to testify upon the basis of his present independent knowledge.’ ” State v. Ford, 2019-Ohio-4539, ¶ 230 , quoting State v. Scott, 31 Ohio St.2d 1, 5-6 (1972).

2025The adverse party is also entitled to inspect it, to cross-examine the witness thereon, and to introduce in evidence those portions which relate to the testimony of the witness. -12- {¶ 30} “Under the doctrine of present recollection refreshed, ‘the witness looks at the memorandum to refresh his memory of the events, but then proceeds to testify upon the basis of his present independent knowledge.’” State v. Ford, 2019-Ohio-4539, ¶ 230 , quoting State v. Scott, 31 Ohio St.2d 1, 5-6 (1972).

27
City of Dayton v. Combsgreen
ohioctapp · 1993 · cited in 1 Ohio opinions naming this issue, 2025–2025
1 sentence

2025Before using a writing to refresh the recollection of a witness, “it must be established that the witness lacks a present recollection of the information or events described in the writing.” Dayton v. Combs, 94 Ohio App.3d 291, 297 (2d Dist. 1993).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
State v. Powell green
ohio · 2012
2 sentences

2020Id., citing State v. Powell, 132 Ohio St.3d 233 , 2012-Ohio-2577 , 971 N.E.2d 865 , ¶ 57, citing State v. Scott, 31 Ohio St.2d 1, 5-6 , 285 N.E.2d 344 (1972).

2020Id., citing State v. Powell, 132 Ohio St.3d 233 , 2012-Ohio-2577 , 971 N.E.2d 865 , ¶ 57, citing State v. Scott, 31 Ohio St.2d 1, 5-6 , 285 N.E.2d 344 (1972).

32014–2020
State v. Ford (Slip Opinion) green
ohio · 2019
2 sentences

2026The rule provides that a witness may use a writing to refresh memory for the purpose of testifying “if the court in its discretion determines it is necessary in the interests of justice.” “Under the doctrine of present recollection refreshed, ‘the witness looks at the memorandum to refresh his memory of the events, but then proceeds to testify upon the basis of his present independent knowledge.’ ” State v. Ford, 2019-Ohio-4539, ¶ 230 , quoting State v. Scott, 31 Ohio St.2d 1, 5-6 (1972).

2025The adverse party is also entitled to inspect it, to cross-examine the witness thereon, and to introduce in evidence those portions which relate to the testimony of the witness. -12- {¶ 30} “Under the doctrine of present recollection refreshed, ‘the witness looks at the memorandum to refresh his memory of the events, but then proceeds to testify upon the basis of his present independent knowledge.’” State v. Ford, 2019-Ohio-4539, ¶ 230 , quoting State v. Scott, 31 Ohio St.2d 1, 5-6 (1972).

22025–2026
State v. Webb neutral
ohioctapp · 2014
1 sentence

2020Id., citing State v. Powell, 132 Ohio St.3d 233 , 2012-Ohio-2577 , 971 N.E.2d 865 , ¶ 57, citing State v. Scott, 31 Ohio St.2d 1, 5-6 , 285 N.E.2d 344 (1972).

12020–2020

Statutes the citing opinions construe

OH § Ohio Rev. Code § 2903.01 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

OH 7 (2012–2026) MD 2 (1995–2009) NC 2 (2021–2021)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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