Commonwealth v. Tanner

By Judge Robert p. Doherty, Jr.

Defendant appealed her summary contempt adjudication and sentencing from the Juvenile and Domestic Relations District Court (J&D). She contends, citing Crawford v. Washington, 541 U.S. 36 (2004), the Sixth Amendment to the United States Constitution, and Article I, Section 8, of the Constitution of Virginia, that the “certificate of conviction and the particular circumstances of the offense,” as prepared by the J&D judge pursuant to § 18.2-459, Code of Virginia (1950), as amended, is testimonial hearsay and inadmissible against her. She argues that this is an…