Legal Opinion
Luginbyhl v. Commonwealth
Court of Appeals of Virginia
Decided April 4, 2006No. 1333044PublishedCited by 67 opinions
1Opinion of the Court
UPON REHEARING EN BANC
HALEY, Judge.
I
PROCEDURAL HISTORY
This matter comes before the Court from a divided panel decision rendered on August 30, 2005, and reported as Luginbyhl v. Commonwealth, 46 Va.App. 460, 618 S.E.2d 347 (2005). The trial court convicted appellant of drunk driving in violation of Code § 18.2-266. The question presented by appellant to the panel read as follows:
Is the certificate of breath analysis produced specifically for use at trial to prove the guilt of the accused testimonial evidence and thus constitutionally inadmissible when the analyst is not unavailable and there…
2Cases cited17 opinions
- Crawford v. WashingtonSupreme Court of the United States · 2004
- Coy v. IowaSupreme Court of the United States · 1988
- Air Courier Conference of America v. American Postal Workers UnionSupreme Court of the United States · 1991
- Clay v. CommonwealthSupreme Court of Virginia · 2001
- United States v. Frederick Tropeano, and Marlon Tropeano, David Barroso, Jr.Court of Appeals for the Second Circuit · 2001
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3Cited by67 opinions
- Jones v. CommonwealthCourt of Appeals of Virginia · 2008
- Kirby v. CommonwealthCourt of Appeals of Virginia · 2007
- Abney v. CommonwealthCourt of Appeals of Virginia · 2008
- Jarrell v. StateIndiana Court of Appeals · 2006
- Andre Eugene Sanders v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2015
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