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Constitution's Confrontation Clause Ruling Felt in Virginia

Defense cross examination must have access to forensic examiners.


WFLS News

Date published: 7/3/2009

RICHMOND, Va. (AP) - A recent U.S. Supreme Court ruling about the Constitution's Confrontation Clause is already being felt in Virginia.

The court ruled June 25 that prosecutors must make forensic examiners available for defense cross-examination about lab reports on drugs and other trial evidence. Virginia law leaves it up to the defense to call those witnesses if they want to challenge any lab reports.

Defense attorneys in Virginia began citing the Supreme Court ruling immediately after it was issued. However, the attorney general's office contends the Virginia law is still binding. That law has been upheld by the state Supreme Court, but is now on appeal to the justices in Washington.

(Copyright 2009 by The Associated Press. All Rights Reserved.)


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Date published: 7/3/2009

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