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Opinion recap: Saying little on retroactivity – Lyle Denniston

Court to rule on government prayer – Lyle Denniston

Ask the author: Floyd Abrams & his fighting faith – Ronald Collins

Briscoe v. Virginia

Docket No. Op. Below Argument Opinion Vote Author Term
07-11191 Va. S.Ct. Jan 11, 2010
Tr.
Jan 25, 2010 9-0 Per Curiam OT 2009
 

Holding: The Court sent the case back to a lower court in light of a recently decided case, which held that it is unconstitutional for a prosecutor to submit a chemical drug test report without the testimony of the scientist who conducted the test.

Judgment: Vacated and remanded in a per curiam opinion on January 25, 2010.

SCOTUSblog Coverage

  • Briscoe v. Virginia, Argument Recap
  • A limit on Confrontation rights?
  • Analysis: Is Melendez-Diaz already endangered?

Briefs and Documents

Merits Briefs

  • Brief for Petitioners Mark A. Briscoe and Sheldon A. Cypress
  • Brief for Respondent the Commonwealth of Virginia
  • Reply Brief for Petitioners Mark A. Briscoe and Sheldon A. Cypress

Amicus Briefs

  • Brief for the Public Defender Service for the District of Columbia and the National Association of Criminal Defense Lawyers in Support of Petitioner
  • Brief for United States in Support of Respondent
  • Brief for the States of Indiana, Massachusetts, Alabama, Arizona, Colorado, Connecticut, Delaware, Florida, Idaho, Iowa, Kansas, Maryland, Michigan, Minnesota, New Jersey, New Mexico, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, Washington, Wisconsin, Wyoming and The District of Columbia in Support of Respondent

Certiorari-stage documents

  • Opinion Below (Va. S.Ct.)
  • Petition for certiorari
  • Brief in opposition
  • Petitioner's reply

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  • This Week at the Court

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  • Major cases of the Term

    • Fisher v. University of Texas at Austin
      Affirmative action
    • Shelby County v. Holder
      Constitutionality of Section 5 of Voting Rights Act
    • Hollingsworth v. Perry
      California's definition of marriage and the Equal Protection Clause
    • United States v. Windsor
      Constitutionality of the Defense of Marriage Act
    • Association for Molecular Pathology v. Myriad Genetics, Inc.
      Are human genes, taken out of the body but not changed, eligible for patenting?
  • See allUpcoming Petitions

      Conference of May 23
    • Intercollegiate Broadcasting System, Inc. v. Copyright Royalty Board Constitutionality of copyright judge appointment procedures
    • Rosemond v. United States Elements of aiding and abetting in the use of a firearm
    • Secretary of the Indiana Family and Social Services Administration v. Planned Parenthood of Indiana Denying federal funding to health care providers offering elective abortions
    • United Airlines v. Equal Employment Opportunity Commission Reassignment of disabled employees under the ADA

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