Posted on 08 August 2009. Tags: Attorney Michael, Breath Tests, Briscoe, Calibrations, Commonwealth Attorney, Court Appearances, Cuccinelli, Doucette, Dwi Cases, Fairfax Virginia, Forensic Science, Governor Kaine, Judicial Decisions, Justice Committee, Mceachin, Sandy Sanders, Special Session, Speedy Trial, Sweetheart Deals, Three Bills
The special session called by Governor Kaine after much urging from Senator Cuccinelli (and this blog!) opened today at 10 am with a hearing of the Senate Court of Justice Committee to hear various experts in various fields.
The only witness I could stay to hear was the Lynchburg Commonwealth’s Attorney [Michael R. Doucette, who was speaking as the Secretary-Treasurer of the Commonwealth Attorney’s Association] who succinctly stated the issues arising from the Melendez-Diaz decision. His report was stark and disturbing. There has indeed been an impact on public safety.
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Posted on 16 July 2009. Tags: Blood Tests, Breath Test, Breath Tests, Calibrations, Case In Fact, Chain Of Custody, Confrontation Clause, Cuccinelli, Defendant, Del Shannon, Delegate, Democratic Candidate, Dissent, Dwi Cases, Equipment Maintenance, Footnote, Ibid, Lott, Nice Job, Prosecution, Sandy Sanders, Special Session, Test Bill
I now understand that the Democratic candidate for Attorney General seeks to accuse Sen. Cuccinelli of not supporting his breath test bill and thus heading off this legal system crisis caused by the Melendez-Diaz decision.
The Jaded JD does a nice job of answering many objections at his blog entry on this matter. But I need to add a point or two. Delegate Shannon’s bill does not discuss confrontation, does not require the defendant to state his intent to raise a Confrontation Clause objection prior to trial, and is limited to breath tests in DWI cases.
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