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Tuning fork documents as inadmissible testimonial hearsay

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Sep 01, 2009 Tuning fork documents as inadmissible testimonial hearsay

When the prosecution tries to use documents to prove speeding in its case in chief — for instance in a jailable Virginia reckless driving case — consider responding with the following pre-Melendez cases that limit hearsay evidence to establish such proof: Royals v. Commonwealth, 198 Va. 883 (1957) and Biesser v. Town of Holland, 208 Va. 167 (1967).

Thanks to a listserv member for bringing the foregoing cases to my attention.

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