MATTER OF HELMS

No. 854DC165.

335 S.E.2d 917 (1985)

In the Matter of Michelle HELMS DOB: September 23, 1978. Onslow County Department of Social Services, Petitioner, Michael Helms (father of Michelle Helms), Respondent.

Court of Appeals of North Carolina.

November 5, 1985.


Attorney(s) appearing for the Case

Cynthia L. McNeill and Edwin H. Blackwell, III, Jacksonville, for petitioner.

Popkin and Coxe by Jeffrey S. Fulk, New Bern, for respondent.

No brief by guardian ad litem for Michelle Helms.


JOHNSON, Judge.

The first issue we address is whether the court erred in allowing a witness for petitioner to testify from a prepared document. Respondent concedes that North Carolina law permits a witness to refresh his recollection by reviewing a writing or object, but he argues an insufficient foundation was laid to permit the witness to refresh her recollection from the writing because it was not established prior to the use of the writing that the witness could...

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