Johnson v. O'farrell

[¶ 29.] I concur in result. I would decide this case under SDCL 19-16-12(3) (Rule 803(8)). SDCL 19-16-12(3) (Rule 803(8)) provides in part:

Records, reports, statements, or data compilations, in any form, of public offices or agencies, setting forth:

[[Image here]](3) In civil actions and proceedings and against the state in criminal cases, factual findings resulting from an investigation made pursuant to authority granted by law, are not excluded by § 19-16-4, even though the de- ■ clarant is available as a witness, unless the sources of information or other circumstances indicate lack of…