Loyal v. State, 2009 WL 2884147 (Ga. Ct. App. Sept. 10, 2009)

Key Insight: Vice President?s testimony that electronic security log was kept in regular course of business and that data was entered into the log contemporaneously with the events themselves was sufficient to establish a foundation for the admission of the log as a business record where the exception does not require that the foundation be laid by the custodian of records, but only that ?the record offered to prove a transaction be made in the regular course of business and that it is the regular course of business to make the record at the time of the act or transaction?; a witness?s lack of personal knowledge regarding how the records were created ?merely affects the weight given to the evidence?

Nature of Case: Criminal/theft

Electronic Data Involved: Security log indicating when warehouse was locked and unlocked, and the PIN used to access the facility

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <s> <strike> <strong>

Copyright © 2022, K&L Gates LLP. All Rights Reserved.