Special session: Whitfield NOT included

Hampton Roads, Local, Politics, Virginia 1 Minute

Special-Session092I just received a copy of the Governor’s proclamation regarding the August 19th Special Session.  Note what it says (click to enlarge):

for the sole purpose of considering changes to the Code of Virginia to assure Virginia’s compliance with the U.S. Supreme Court’s ruling in Melendez-Diaz v. Massachusetts

What a shame. Perhaps the legislature can override this?

And according to this article in today’s Virginian-Pilot,  the special session may be premature, as there is another case – Cypress – that SCOTUS will likely hear early next year. That case is supposed to lay out the procedures the states are to follow, perhaps negating whatever is decided in August.

So go on up to Richmond, pass something that may or may not matter, and ignore something that does. Makes a whole lot of sense to me.

UPDATE: I’ve been informed that the House and Senate leadership need to pass a procedural resolution for the special session and if they wanted to include Whitfield, they could. However, I’m told that the leadership will follow the Governor’s proclamation.

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4 thoughts on “Special session: Whitfield NOT included”

  1. There is some confusion about this among non-layers. The Supreme Court of Virginia decided 3 cases in the same opinion under the name Commonwealth v. Magruder. The other 2 defendants were Cypress and Briscoe. It was widely published that the Supreme Court of the United States granted certiorari in Briscoe. Cypress is included in that appeal, but Briscoe’s name is first so it is only called Briscoe. But they are the same case.

    (I don’t know why Magruder’s lawyer never appealed to the Supreme Court of the United States. Perhaps Magruder died. Perhaps Magruder is already incarcerated on other charges and his sentence on the charges at issue here is already eclipsed by his sentences on the others. Perhaps Magruder expressly rejected an appeal. Perhaps the lawyer just wanted a malpractice suit.)

    1. I assume you mean non-lawyers 😉 My question, though, is whether the Pilot is correct. Will Cypress lay out procedurally how to handle Melendez-Diaz?

  2. Anyone know if you are allowed to raise money during a special session? I know its off-limits during regular, but what about special? Does the same go for Bolling or Kaine?

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