# State v. Hollingsworth

> Court of Appeals of North Carolina · December 31, 1985 · 78 N.C. App. 578

URL: https://www.frixlaw.com/law-library/cases/9586346

## Case

- **Full name:** State of North Carolina v. Dwayne Eddie Hollingsworth
- **Court:** Court of Appeals of North Carolina
- **Decided:** December 31, 1985
- **Citations:** 78 N.C. App. 578; 337 S.E.2d 674; 1985 N.C. App. LEXIS 4325
- **Precedential status:** Published
- **Opinion:** Dissent by Phillips
- **Judges:** Johnson, Phillips
- **Cited by:** 8 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9586346

## How later opinions describe it (automated extraction)

- holding that when witness testified that information in letter was lies, letter could not be admitted as past recollection recorded because no testimony was presented that letter correctly reflected witness’ knowledge of events at time of letter

## Opinion text

Judge Phillips
dissenting.
Under the rules of evidence now in effect I believe all of Ms. Lyde’s out-of-court statements were admissible. For one thing, I interpret Lester Caulder’s testimony as being that Ms. Lyde, in getting him to take her to the hospital, told him that defendant had hit her on the head with a hammer. For another, the statement to Dr. Pennink was related to medical treatment, I think, since it corrected the statement in the history which indicated that her head injury was such that she had no memory of the events that preceded it. Pre-injury memory or its lack can be a factor in treating a brain injury, so I understand. And her letter and written statements were properly received, I think, as past recorded recollections.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9586346. Public record. Not legal advice.