Virginia sneaks around Melendez-Diaz, to deny 6th Amendment to Accused

Looks like Virginia, not happy with the US Supreme Court try­ing to ensure defen­dants’ 6th Amendment rights, is try­ing to find a sneaky way around the Melendez-Diaz ruling.

Following Melendez-Diaz, the Virginia leg­is­la­ture took action almost imme­di­ately. Governor Tim Kaine of Virginia called a spe­cial ses­sion of the leg­is­la­ture to amend the state’s statute gov­ern­ing the use

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The Sky is Falling!!! — More Melendez-Diaz Complaints

Here is another “scare tac­tic” arti­cle posted to show why it isn’t “fair” for the defen­dant to face their accuser — con­sti­tu­tional right be damned.

The state’s approx­i­mately 160 tech­ni­cians had been sub­poe­naed only 43 times in July 2008, but they were called a whop­ping 925 times in July 2009 after the high court ruling.

Very mis­lead­ing.

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Ohio seems to “get it”

As opposed to Wisconsin, Ohio seems to under­stand that the defen­dant has the right to cross-examine that ACTUAL ana­lyst who per­formed the work, not just some­one who “reads the report.” Maybe Melendez-Diaz is hav­ing an effect.

Original arti­cle posted here:

CLEVELAND — Some pros­e­cu­tors fear crim­i­nal inves­ti­ga­tions could be delayed as the Ohio Supreme Court reviews whether

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Wisconsin Department of Justice doesn’t “get it”

The Wisconsin Department of Justice doesn’t seem to get what Melendez-Diaz is about. It’s not about some­one being in court to “read” the results, it’s about being able to effec­tively cross-examine the actual ana­lyst who per­formed the tests spe­cific to the case at trial.

“We don’t think the Melendez-Diaz deci­sion will have a sig­nif­i­cant impact on Wisconsin’s

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More Melendez-Diaz Whining

No the sky won’t fall, but foren­sic sci­en­tists are going to have to do a more com­plete job. Not only ana­lyz­ing the evi­dence, and writ­ing reports, but also explain­ing their results to the trier of fact, and defend­ing their opin­ions against cross-examination.

It’s inter­est­ing to see pros­e­cu­tors so wor­ried about this rul­ing. Maybe not being

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