Ashford v. Ziemann

CHIEF JUSTICE RYAN,

specially concurring:

I concur in the judgment of the court and in the court’s opinion insofar as it holds that defense witness James Storz’ testimony was improperly admitted. I do not agree, however, with the court’s decision that the birth certificate should have been allowed into evidence. In so deciding, the court not only disregards the statutory limitations on the evidentiary use of a birth certificate, but also misapplies the rules that this court has set out concerning the admissability of prior consistent statements.

With certain exceptions, the data contained on a…