State v. Lewis

I am not prepared to adopt a rule which would ultimately require that an appellate court determine which of various competing versions of an ordinance should be judicially noticed. The place to make a proper trial record is in the trial court; if the record does not contain the ordinance in question, an appellate court should not judicially notice it.

Nonetheless, notwithstanding our recent reaffirmations, I agree with Judge Shanahan’s suggestion that the time has come to reexamine the continuing validity of our present rule. That is, an appellate court will not take judicial notice of an…