(Download) "State V. Johnson" by Arizona Court of Appeals ~ eBook PDF Kindle ePub Free
eBook details
- Title: State V. Johnson
- Author : Arizona Court of Appeals
- Release Date : January 30, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
The State appeals from the Maricopa County Superior Court's denial of special action relief sought from rulings in the Phoenix City Court. The issue presented in this appeal is whether Motor Vehicle Division ("MVD") records attested to only by a computer-generated facsimile signature but which have not been personally inspected by a custodian of records satisfy the requirements of State v. Irving, 165 Ariz. 219, 797 P.2d 1237 (App. 1990), and Arizona Revised Statutes Annotated ("A.R.S.") section 28-110(F) and are therefore admissible. Alternatively, we consider whether those documents are admissible under Rule 901(b) of the Arizona Rules of Evidence. The trial court concluded that Irving requires "human involvement," and, that because no individual from MVD personally compared the printed records to the actual data in the computer system, the foundational requirements had not been established. The trial court also refused to admit the MVD records pursuant to Rule 901(b), ruling that to do so would negate the purpose of A.R.S. section 28-110(F). The superior court accepted special action jurisdiction but denied relief. Although we conclude that the trial court correctly precluded the records on the basis that the requirements of A.R.S. section 28-110(F) were not met, we also conclude that it should have admitted the documents under Rule 901(b). We therefore reverse.
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