Posting #122 – Virginia General Assembly Special Session due to US Supreme Court Ruling on Melendez-Diaz v. Massachusetts

By: RSOL of Virginia
Date:  08/06/2009

The Virginia General Assembly with be convening on August 19, 2009 for a Special Session.

This Special Session is in response to a recent US Supreme Court decision (Melendez-Diaz v. Massachusetts, 557 U.S. June 25, 2009).The 5-4 ruling was based on a clause in the Sixth Amendment giving criminal defendants the right to face the witnesses against them.

There are two bills currently posted and one does include registered sex offenders, http://leg1.state.va.us/cgi-bin/legp504.exe?092+sum+SB5002

Also, Senator Stolle who is campaigning for Virginia Beach Sheriff this year has proposed reparations to be granted to Arthur Whitfield who spent 22 years in prison for a rape that he did not commit. DNA freed him in 2004 and in 2009 Governor Kaine granted him a pardon. But senseless legal technicalities have prevented him from qualifying for compensation - money that is routinely granted to others who have been wrongfully convicted of crimes. Senator Stolle has asked the General Assembly to take up Mr. Whitfield's cause during this special August session instead of making him wait until the next General Assembly session which begins mid-January 2010.
 We've compiled some recent articles (below) for those of you who are interested in the Melendez-Diaz v. Massachusetts case, the upcoming special session and Arthur Whitfield's situation.

Special 2009 Session:
http://leg1.state.va.us/

Virginia to Give Innocent Man $632,867, August 25, 2009:
http://www2.dailyprogress.com/cdp/news/state_regional/article/virginia_to_give_innocent_man_632867/44469/

Laws Passed in VA Special Session Signed, August 24, 2009:
http://www.whsv.com/news/headlines/54548627.html

Assembly Approves Steps to Prevent Court Logjams, August 20, 2009:
http://www2.timesdispatch.com/rtd/news/state_regional/state_regional_govtpolitics/article/DIAZ20_20090819-215606/287164/

Assembly Passes Law on Forensic Evidence Testimony, August 20, 2009:
http://www.roanoke.com/politics/wb/215989

Was Special Session a Win for Cuccinelli? August 20, 2009:
http://hamptonroads.com/2009/08/was-special-session-win-cuccinelli

Wrongly Convicted Norfolk Man to get $633,000 from Va., August 20, 2009:
http://hamptonroads.com/2009/08/wrongly-convicted-norfolk-man-get-633000-va

Man Wrongfully Convicted of Rape Will Receive Restitution, August 20, 2009:
http://www.wtkr.com/news/wtkr-wrongful-conviction-compensation,0,4353564.story

Virginia Legislature Seeks to Undermine US Supreme Court Decision, August 19, 2009:   http://www.thenewspaper.com/news/28/2873.asp

Why Calling a Special Session Is Needed (Virginia), August 13, 2009:
by Ken Cuccinelli
http://www.connectionnewspapers.com/article.asp?article=331827&paper=82&cat=110Va. Lawmakers Still Grappling with

High-Court’s Ruling, August 8, 2008:
http://www2.timesdispatch.com/rtd/news/state_regional/state_regional_govtpolitics/article/LEGI08_20090807-215605/284744/

Op-Ed: Special Session All About Safety, August 6, 2009:
By Virginia State Senator Ken Cuccinelli (R) who is running for Attorney General this year.
http://www.dailynews-record.com/opinion_details.php?AID=39736&CHID=59

McDonnell to Deliver GOP Response to Obama, August 6, 2009:
Former Virginia Attorney General McDonnell (R) who is running for Governor this year.
http://www2.timesdispatch.com/rtd/news/state_regional/state_regional_govtpolitics/article/CUCC06_20090805-213404/284301/

Kaine Wants to Expand Scope of Special Session, July 31, 2009:
http://www2.timesdispatch.com/rtd/news/state_regional/state_regional_govtpolitics/article/KAIN31_20090730-215404/283225/

Va.'s Remedy for Supreme Court Ruling May be Temporary, July 31, 2009:
http://hamptonroads.com/2009/07/vas-remedy-supreme-court-ruling-may-be-temporary

US Supreme Court Upsets Speed Camera Industry, July 31, 2009:
Red light camera makers fear high court Confrontation Clause ruling will create legal challenges.   http://www.thenewspaper.com/news/28/2854.asp

Opinion: Cuccinelli Took Lead on Lab Tech Issue, July 29, 2009: http://www.powhatantoday.com/index.php/opinion/article/cuccinelli-took-lead-on-lab-tech-issue/20075/

Support for Wronged Norfolk Man Crosses Political Lines, July 29, 2009:
http://hamptonroads.com/2009/07/support-wronged-norfolk-man-crosses-political-lines

Calls for Whitfield compensation continue, July 29, 2009:
Two more lawmakers have expressed support for providing payment to a Norfolk man wrongly imprisoned on rape charges for 22 years during the upcoming General Assembly Special Session.
Democratic Dels. Joe Bouchard and Steve Shannon separately issued statements Wednesday calling for legislative action that would compel the state to financially
compensate Arthur Whitfield for his years spent behind bars.
http://hamptonroads.com/2009/07/calls-whitfield-compensation-continue

Stolle Threatens Special Session Filibuster, July 28, 2009:
http://voices.washingtonpost.com/virginiapolitics/2009/07/stolle_threatens_special_sessi.html

Supreme Court Case Pits Defendants' Rights vs. Prosecuto, July 27, 2009:
http://hamptonroads.com/2009/07/supreme-court-case-pits-defendants-rights-vs-prosecutors

Stolle Drafts Bill to Help Freed Norfolk Man get Restitution, July 24, 2009:
http://hamptonroads.com/2009/07/stolle-drafts-bill-help-freed-norfolk-man-get-restitution

Kaine Calls Session To Amend Laws On Trial Testimony, July 23, 2009:
http://www.washingtonpost.com/wp-dyn/content/article/2009/07/22/AR2009072203533.html

A Valid Legal Theory That Crumbles With Each DUI Arrest, July 23, 2009:
http://www.washingtonpost.com/wp-dyn/content/article/2009/07/22/AR2009072203525.html

High Court Ruling Voids DWI Case In Fairfax County, July 18, 2009:
http://www.washingtonpost.com/wp-dyn/content/article/2009/07/17/AR2009071703478.html?hpid=moreheadlines

Will Supreme Court Ruling Hinder Justice? July 12, 2009:
http://www.dailypress.com/news/dp-local_crimelabs_0712jul12,0,1071628.story