11 September 2005

LexTV & Radio: The 6th Amendment and Virginia

Click here to see a video of my discussion of Luginbyhl v. Commonwealth, in which the Virginia Court of Appeals rules that a police officer's sworn statement that he did a DUI breath test in proper conditions, that the machine that didn't malfunction, that he didn't make any mistakes, that the reading he observed was "X", and that he was properly trained in the machine's operating procedure is not testimonial and therefore the sworn statement is allowed into evidence despite the federal Supreme Court's 6th Amendment ruling in the Crawford decision.

The discussion is also available as audio if you go over, click on Lex Radio and listen to it at Odeo.

Be forewarned, I have a face for radio and a voice for silent films so either choice is kind of Hobsonish in nature.

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