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Beware hearsay from deceased witnesses / Defendants may impeach their witnesses who turn hostile

Nov 21, 2006 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.

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