Comments on: Will forensics scientists in Virginia have to go to court for each and every test and analysis they do? https://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/ "Agitate, agitate, agitate!" -Frederick Douglass Mon, 29 Jun 2009 20:58:36 +0000 hourly 1 https://wordpress.org/?v=6.9.4 By: justice4all https://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 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/

]]> By: justice4all https://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 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.

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