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Mcdonald v. Dept. of Revenue & Taxation

2/5/1993

a plea of guilty or not guilty was entered or whether conviction was a result of forfeiture of bail, bond or other security; and, finally, does not show what, if any, other special findings were made. These admissions, involving every section of the statute, can hardly be considered to be substantial compliance. It may well be that the State has a record which would comply and certainly, as a business record, that document instead of the workmanship of some computer input technician would identify for me an appropriate business record to be utilized in the state of Wyoming.


Admittedly, we do strange things when we consider driving violations among one category of criminal offenses, but it should still be recognized that the rule for admission of evidence established in this case can find a broader application such that the intended reliability of either business records or official documents ceases to exist for trial pursuit in the courts of this state.


Lacking evidence showing compliance with the provisions of the Wyoming statute regarding the documentation of the Oregon offense, I would hold that insufficient evidence was presented to justify the action taken.


Consequently, I dissent.






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