Criminal bar must learn science, panel says

Reopening Trial Fixes Certificate Problem

By Deborah Elkins
Published: October 25, 2012
Tags: Criminal, Judge Jean Harrison Clements, Melendez-Diaz, Virginia Court of Appeals

Although defendant had yet to be sentenced on his marijuana and firearms convictions when the Melendez-Diaz decision came down, the trial court did not err in allowing the commonwealth to reopen its case and bring in the forensic scientists who signed certificates of analysis, and the Court of Appeals upholds defendant’s convictions. We find the [...]

Many subpoenas, few court appearances, DFS says

By Deborah Elkins
Published: October 5, 2012
Tags: Criminal, DUI, General Assembly, Melendez-Diaz, Traffic Offenses, U.S. Supreme Court

Forensic technicians have been keeping up with the increased workload imposed by a 2009 Supreme Court case requiring technicians to spend more time in court, but their case backlog is growing again, according to a report by the Virginia Department of Forensic Science. In May, DFS made “a big push to get cases out,” DFS [...]

Impact of Melendez-Diaz is lessening over time

By Alan Cooper
Published: March 3, 2011
Tags: Criminal, DUI, Melendez-Diaz, U.S. Supreme Court

The case of Melendez-Diaz v. Massachusetts has proved to be more of a paperwork burden for prosecutors and the Department of Forensic Science than a boon for criminal defendants and their attorneys. The ruling generally requires laboratory analysts to testify in person unless a defendant affirmatively waives an appearance. It created enough concern among prosecutors [...]