Briscoe v. Virginia
| Decision Date | 25 January 2010 |
| Docket Number | No. 07-11191.,07-11191. |
| Citation | 130 S.Ct. 1316,175 L. Ed. 2d 966 |
| Parties | Mark A. BRISCOE and Sheldon A. Cypress, Petitioners, v. VIRGINIA. |
| Court | U.S. Supreme Court |
OPINION TEXT STARTS HERE
We vacate the judgment of the Supreme Court of Virginia and remand the case for further proceedings not inconsistent with the opinion in Melendez-Diaz v. Massachusetts, 557 U.S. ___, 129 S.Ct. 2527, 174 L.Ed.2d 314 (2009).
It is so ordered.
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19 cases
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Com. v. Vasquez
...129 S.Ct. 2856, 174 L.Ed.2d 600 (2009) (discussing various disparate interpretations of Crawford). See also Briscoe v. Virginia, ___ U.S. ___, 130 S.Ct. 1316, ___ L.Ed.2d ___ (2010) (vacating and remanding post-Crawford confrontation clause decision of Supreme Court of Virginia in light of ......
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People of State v. Fackelman
...its witnesses, not on the defendant to bring those adverse witnesses into court.”) (emphasis added); Briscoe v. Virginia, 559 U.S. ––––, 130 S.Ct. 1316, 175 L.Ed.2d 966 (2010) (vacating the judgment of the Virginia Supreme Court, which held that a defendant's failure to timely notify the co......
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Lay v. Trammell
...claims, including Crawford v. Washington, 541 U.S. 36 (2004); Melendez-Diaz v. Massachusetts, 557 U.S. 305 (2009); and Briscoe v. Virginia, 130 S. Ct. 1316 (2010), all fell outside the statutory 60-day limit, id. at 3-4. For those reasons, the OCCA imposed a procedural bar, declining to con......
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Sawyer v. Clarke
...denied because Melendez-Diaz rested on existing precedent that could have been, but was not, asserted at trial. As Briscoe and Cypress v. Virginia, 130 S. Ct. 1316 (2010) and Cypress v. Commonwealth, 280 Va. 305, 699 S.E.2d 206 (2010) make clear, Sawyer could have raised the legal, Crawford......
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1 books & journal articles
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Grabbing the Bullcoming by the Horns: How the Supreme Court Could Have Used Bullcoming v. New Mexico to Clarify Confrontation Clause Requirements for Csi-type Reports
...2549 (Kennedy, J., dissenting). 267. See U.S. Const. amend. VI. 268. Melendez-Diaz, 129 S. Ct. at 2540 (Kennedy, J., dissenting). 269. 130 S. Ct. 1316 270. Briscoe presented the question of whether, if the state pays for it, the defendant's right to summon the analyst to the stand would obv......