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Tuning fork documents as inadmissible testimonial hearsay

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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