Legal Opinion · Dissent

Myatt v. Commonwealth

Court of Appeals of Virginia

Decided October 9, 1990No. Record No. 0807-88-2Published

1DissentCole, J.

I respectfully disagree with the finding of the majority that all of the proffered testimony of the expert witness was admissible and that the calibration of the radar unit by tuning forks was insufficient to support the conviction.

Police Officer Elma Leap was the only witness for the Commonwealth. No question has been raised concerning her qualification as a radar operator. She has been a police officer for five years and assigned to the traffic division for three years. She testified that on the morning in question she ran tests on the radar unit prior to setting it up. She first checked…

2Cases cited18 opinions

  1. People v. AbdallahAppellate Court of Illinois · 1967
  2. Royals v. CommonwealthSupreme Court of Virginia · 1957
  3. State v. PrimmCourt of Appeals of Kansas · 1980
  4. State v. TailoHawaii Supreme Court · 1989
  5. People v. Lynch, New York County Courts1969

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