Beware hearsay from deceased witnesses / Defendants may impeach their witnesses who turn hostile
Here is a short description of three important recent Virginia Supreme Court decisions:
– A decedent’s oral discussion is inadmissible at a criminal trial if it does not fall squarely within a hearsay exception. In this case, it was reversible error to admit such evidence. Hodges v. Com.
– The issuance of a criminal summons does not permit a police search. Moore v. Virginia.
– A criminal defendant is permitted to impeach a defense witness who turns hostile on the witness stand. The failure of the trial court to grant this right was reversible error. Dupress v. Com. Jon Katz.