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Do defendants waive confrontation rights by not filing demands for opposing witnesses' presence?

By Marks & Katz, LLC

Virginia and Maryland have statutory provisions requiring defendants, pretrial, to demand the presence at trial of drug chemists and breath technicians, or to waive that right otherwise.  Yesterday, Virginia's Court of Appeals made clear that such a requirement is met when the defense files a demand, and does not require the defense to have the witness subpoenaed. Grant v. Com., __ Va. App. _, Record No. 0877-08-4 (Sept. 1, 2009). In their final footnote, the unanimous three-judge panel made a particularly important reference to Melendez-Diaz v. Massachusetts:  Because Grant preserved his confrontation right under Code § 19.2-187.1, we express no opinion on whether Code § 19.2-187.1 continues to remain a constitutionally valid notice and demand statute in light of the United States Supreme Court?s decision in Melendez-Diaz...continue to full post

Full post as published by Underdog on September 02, 2009 (boomark / email).