Comments on: Will forensics scientists in Virginia have to go to court for each and every test and analysis they do? http://www.imsurroundedbyidiots.com/2009/06/25/will-forensics-scientists-in-virginia-have-to-go-to-court-for-each-and-every-test-and-analysis-they-do/ "Ugh, that's him!" -King George County Republican Committee Chairman Larry Kile on yours truly (December 11, 2009). Wed, 21 Jul 2010 14:23:31 +0000 hourly 1 http://wordpress.org/?v=abc By: justice4allhttp://www.imsurroundedbyidiots.com/2009/06/25/will-forensics-scientists-in-virginia-have-to-go-to-court-for-each-and-every-test-and-analysis-they-do/comment-page-1/#comment-12833 justice4all Mon, 29 Jun 2009 20:58:36 +0000 http://www.imsurroundedbyidiots.com/?p=2481#comment-12833 http://www.valawyersweekly.com/vlwblog/2009/06/29/us-supreme-court-to-hear-virginia-confrontation-case/ http://www.valawyersweekly.com/vlwblog/2009/06/29/us-supreme-court-to-hear-virginia-confrontation-case/

]]> By: justice4allhttp://www.imsurroundedbyidiots.com/2009/06/25/will-forensics-scientists-in-virginia-have-to-go-to-court-for-each-and-every-test-and-analysis-they-do/comment-page-1/#comment-12832 justice4all Mon, 29 Jun 2009 20:52:33 +0000 http://www.imsurroundedbyidiots.com/?p=2481#comment-12832 Most seem to think that it will be required, and the opinion makes sense. I personally don't see how a document that essentially proves the ultimate issue in a case (whether or not something is a controlled substance, etc.) could be deemed non-testimonial. There is some debate as to whether Virginia's existing statute - 19.2-187.1 - can withstand the decision as a "notice and demand" statute, but that's not looking promising at this point. We may have an answer sooner than later though - I understand that the Supreme Court granted cert on the Virginia case on this issue - Magruder - today.But you're right - it almost absolutely will make both DFS & Commonwealth Attorneys' lives living hell for the foreseeable future. Most seem to think that it will be required, and the opinion makes sense. I personally don’t see how a document that essentially proves the ultimate issue in a case (whether or not something is a controlled substance, etc.) could be deemed non-testimonial. There is some debate as to whether Virginia’s existing statute – 19.2-187.1 – can withstand the decision as a “notice and demand” statute, but that’s not looking promising at this point. We may have an answer sooner than later though – I understand that the Supreme Court granted cert on the Virginia case on this issue – Magruder – today.

But you’re right – it almost absolutely will make both DFS & Commonwealth Attorneys’ lives living hell for the foreseeable future.

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