Following the U.S. Supreme Court’s holding in Melendez-Diaz, the Supreme Court of Virginia has acknowledged Virginia’s former procedure for admission of lab reports in criminal trials failed to safeguard a defendant’s rights under the Confrontation Clause. The decision today in Cypress v. Commonwealth (VLW 010-6-083) means a new trial for one drug defendant, but no [...]
Tag Archive 'Traffic/DUI'
The Supreme Court of Virginia issued two unpublished orders today, one reaffirming the rule that you can’t get more than you sue for and the second holding that the fourth-offense drunken driving statute permits both a prison term and a fine. In the ad damnum case, the plaintiff sought “approximately” $50,000 in damages, and the [...]