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Briscoe goes back to Virginia high court

Today the United States Supreme Court has remanded the appeal in Briscoe v. Virginia, involving a pre-Melendez-Diaz decision in which a divided Supreme Court of Virginia (deciding Briscoe and a companion case, Magruder v. Commonwealth) upheld the Virginia statute that allowed prosecutors to use affidavits, not live testimony, to provide forensic evidence for drug analysis and blood alcohol level.

In a one-sentence order, the U.S. Supreme Court states that the case is remanded for further consideration in light of Melendez-Diaz v. Massachusetts.

By Deborah Elkins

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