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Tag Archive 'Traffic/DUI'

(access required)">Old lab report procedure invalid under Melendez, court holds (access required)

Posted in Criminal Cases, Supreme Court Opinions on Sep 16th, 2010

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 [...]

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(access required)">Ad damnum, DUI cases decided by order (access required)

Posted in Civil Cases, Criminal Cases, Unpublished Orders on Feb 19th, 2010

The Supreme Court of Virginia issued two unpublished orders today, one reaffirming the rule that you can’t get more than you sue for and the second holding that the fourth-offense drunken driving statute permits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 [...]

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