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AG candidate wants special session after Supreme Court ruling
Gov. Timothy M. Kaine today is expected to call a special session of the General Assembly to deal with a U.S. Supreme Court ruling that some commonwealth's attorneys fear could jeopardize prosecutions.
A state legislator told the Richmond Times-Dispatch last night that the governor will make the announcement this morning.
The U.S. Supreme Court ruled last month in Melendez-Diaz v. Massachusetts that the government must make scientists who prepare lab reports in drunken-driving and drug cases available for cross-examination by defense lawyers.
Under Virginia law, defendants have the responsibility to subpoena the scientists. Some prosecutors are concerned that they might have to delay or cancel prosecutions if the state scientists are unavailable for cross-examination.
During a special session, state legislators would consider how to amend state law to accommodate the Supreme Court ruling.
Another lawmaker, state Sen. Ken Cuccinelli of Fairfax County, the Republican candidate for attorney general, had called for a special session to deal with the ruling.
Kaine said recently that calls for a special session were premature while his public-safety team analyzed the ruling and sought an administrative solution.
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