Here is a good, detailed article on the implications of the Melendez-Diaz decision on prosecutors in Virginia. Virginia DAs (Commonwealth’s Attorneys) appear to be trying to aggressively tackle these issues proactively.
The Melendez-Diaz ruling, which is sending shockwaves across the nations criminal courts, states that prosecutors must provide expert witness testimony in cases of forensic analysis, specifically drug identification in drug/controlled substances cases. The previous standard of certified documentation was deemed insufficient by the US Supreme Court, which stated that documents alone failed to give defendants the proper constitutional right to “confront one’s accuser”.
The practical signficant of this ruling is that state prosecutors office now have to supply and dispatch dozens of witnesses in these cases, creating a signficant organization and financial burden.
For local prosecutors in Virginia, it’s all about the pragmatic details of subpoenas, courts dates, backlogs, witnesses, and direct and cross examination procedures.
But again, kudos to Virginia Commonwealth’s Attorneys, who are clearly trying to get out in front of the problem. This US Supreme Court deciscion is bound to have practical implications in every state. Good defense attorneys are all over this, and prosecutors who aren’t ready are likely to end up with a lot of cases dismissed by judges.
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