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Virginia responds to Melendez-Diaz, with a Constitutionally questionable vengeance.

By Marks & Katz, LLC

   Bill of Rights (From public domain.) With a vengeance, Virginia's legislature and governor have pushed through their Constitutionally questionable response to Melendez-Diaz.  The bill, HB 5007, was signed into law last Friday, and provides that it takes immediate effect.  A year and a half ago, when I challenged the Constitutionality of Virginia's since-dropped civil financial penalties for DWI convictions, one District Court judge concluded he had no authority to pass on the Constitutionality of a statute, and that such determinations had to be made by the Defendant's appealing for a trial de novo in Circuit Court. However, taking a trial de novo in Circuit Court only is possible if there is a District Court conviction, and means that the District Court sentence is no cap on the Circuit Court sentence...continue to full post

Full post as published by Underdog on August 24, 2009 (boomark / email).