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Criminal Law

: Georgia Criminal Law Blog

SCOTUS - Briscoe v Virginia

By Rob Leonard

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Today in an per curiam decision, the United States Supreme Court reversed the Virginia Supreme Court and remanded the case to Virginia in light of Melendez-Diaz v. Massachusetts.  This is good news for the lawyers and defendants everywhere that wish to challenge scientific evidence in their trials.  It means that the government still has to bring live witnesses to trial to testify and be subject to cross-examination.  It was widely thought that the four dissenters in Melendez-Diaz granted cert on this case in an effort to quickly overturn Melendez-Diaz after Justice Souter retired and was replaced by Justice Sonya Sotomayor.

Full post as published by Georgia Criminal Law Blog on January 25, 2010 (boomark / email).

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