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Criminal Law

: Underdog

Tuning fork documents as inadmissible testimonial hearsay.

By Marks & Katz, LLC

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When the prosecution tries to use documents to prove speeding in its case in chief -- for instance in a jailable Virginia reckless driving case -- consider responding with the following pre-Melendez cases that limit hearsay evidence to establish such proof: Royals v. Commonwealth, 198 Va. 883 (1957) and Biesser v. Town of Holland, 208 Va. 167 (1967). Thanks to a listserv member for bringing the foregoing cases to my attention.

Full post as published by Underdog on September 01, 2009 (boomark / email).

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