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Hearsay at sentencing hearings.

By Marks & Katz, LLC

Here are some ideas some colleagues recently suggested for responding in Virginia and beyond to prosecutorial objections about a defendant's hearsay submissions at sentencing:  - Argue that if the presentence report is considered at sentencing, as well as any other hearsay from the prosecution, then what is good for the goose is good for the gander.  - Friend on Evidence provides that hearsay is admissible in sentencing proceedings. The Law of Evidence in Virginia, Charles E. Friend, 6th Ed at 734.- See McCullough v. Commonwealth, 38 Va.App. 811 (2002). - See Smith v. Commonwealth, 52 Va.  App. 26, 30-32, 660 S.E.2d 691, _ (2008). - Reference Virginia Const. art. 1 § 8 on the right to call for evidence in one's favor.  Thanks to my colleagues for providing the foregoing ideas and information...continue to full post

Full post as published by Underdog on August 27, 2009 (boomark / email).