A couple of new developments on the Melendez-Diaz front have appeared this week.
A Norfolk Circuit Court has ruled on defense lawyer Andrew Sacks’ Melendez-Diaz challenge to Va. Code § 19.2-187.02, the Virginia statute that lets in a hospital blood alcohol screen that showed a driver’s .13 BAC after a two-fatality auto accident. Sacks is defending the driver against involuntary manslaugter charges.
And in Charlottesville, a circuit court denies a claim that using DMV records to prove a driver was an habitual offender violates a defendant’s Sixth Amendment rights under Melendez-Diaz. The case is Commonwealth v. Carter (VLW 010-8-126).
By Deborah Elkins