Legal Opinion · Concurring in part, dissenting in part

Williams v. Commonwealth

Court of Appeals of Virginia

Decided May 29, 2001No. 0422001Published

1Concurring in part, dissenting in partBenton, Judge

I agree with the majority’s conclusion that the trial judge erred in ruling that Code § 8.01-390(A) controlled the issue of authentication and admission in evidence of the certificate. I also agree that Code § 8.01-391(B) is the controlling statute. I do not agree, however, that the record establishes compliance with Code § 8 .01-391(B).

In pertinent part, Code § 8.01-391(B) provided as follows when this case was tried:

If any department, division, institution, agency, board, or commission of this Commonwealth ... has copied any record made in the performance of its official duties, such copy…

2Cases cited2 opinions

  1. Taylor v. Maritime Overseas Corp.Supreme Court of Virginia · 1983
  2. Untiedt v. CommonwealthCourt of Appeals of Virginia · 1994

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