Commonwealth v. Carter

By Judge Edward L. Hogshire

In this criminal case, the Defendant, Dabney L. Carter, has been charged with driving after having been declared a habitual offender as a second or subsequent offense. The Commonwealth of Virginia has filed a Motion in Limine regarding the admissibility of a DMV transcript in light of the United States Supreme Court’s recent decision, Melendez-Diaz v. Massachusetts, decided on June 25, 2009. On October 22, 2009, the Court conducted an evidentiary hearing and took the motion under advisement. The Commonwealth and Defendant filed their briefs on January 25, 2010, and…