In the American Bar Association Journal web news is an article by Debra Cassens Weiss concerning yesterdays decision/non decision in Briscoe v Virginia.
At issue was the constitutionality of Virginia’s rules for the use of laboratory reports at trial in light of Scalia’s recent ruling in Melendez-Diaz v. Massachusetts. Scalia's June decision had held that crime lab evidence can’t be used at trial unless the lab analysts are subject to cross-examination. Virginia allows prosecutors to present paper reports to support their case, but requires the analysts to testify for cross-examination if the defense requests it.
The Supreme Court remanded the case to the Virginia Court to reconsider it's decision in light of Melendex-Diaz.
Read the full article at:
http://www.abajournal.com/news/article/supreme_court_remands_crime_lab_confrontation_case/
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