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Decision on remand in Briscoe

By Richard D. Friedman

The Virginia Supreme Court today issued its decision in Briscoe on remand from the United States Supreme Court. You can read it by clicking here">. The court held that the former Virginia statutory scheme (under which the defendant had to call a lab analyst as his witness if he wanted to examine the analyst) was unconstitutional. This, of course, was the point that I sought to establish in bringing the petition for certiorari; Melendez-Diaz made the point clear, and now the Virginia Supreme Court has drawn the obvious conclusion.

The court held that the error was harmless in Briscoe?s case, but Cypress?s conviction was reversed. I expect his case will plead out.

Full post as published by The Confrontation Blog on September 16, 2010 (boomark / email).