Delegate Dave Nutter Asks Governor to Call Special Session in Response to Supreme Court Ruling

Christiansburg, VA – Delegate Dave Nutter has written a letter to Governor Kaine asking him to call the General Assembly back into session to fashion a fix to state code concerning the notice waiver statute that has been called into question by the recent U.S. Supreme Court ruling on Melendez-Diaz v. Massachusetts.

“Since the Supreme Court ruling I have spoken with Brad Finch, Montgomery County Commonwealth Attorney, about the impact of the ruling on the state’s ability to prosecute drug and alcohol related cases. I don’t want to risk one case being thrown out of court based on the Melendez ruling,” said Nutter. “The General Assembly needs to go back into session and address this matter.”

The U.S. Supreme Court ruled in June a statute very similar to Virginia’s has been found unconstitutional. “As a result of that ruling, criminal cases around the Commonwealth could be in jeopardy. We owe it to our law enforcement community and the public to make sure our statutes are constitutional,” said Nutter.

Nutter said that while the U.S. Supreme Court has agreed to review the Virginia statute in light of the Melendez ruling an opinion could be nine or ten months away.

“In discussions with law enforcement officials here in the county there is a growing concern that the Melendez ruling could jeopardize our efforts to fully prosecute criminal cases,” said Montgomery County Commonwealth Attorney Brad Finch. “This issue requires attention by our legislative leaders.”

“The board of the Virginia Association of Commonwealth Attorneys has voted unanimously to urge the Governor and the General Assembly to call a special session to deal with the Melendez ruling,” said Joel R. Branscom, VACA president and Botetourt County Commonwealth Attorney. “I applaud Delegate Nutter for his leadership on this issue.”

In his letter to Governor Kaine, Delegate Nutter said that he would be glad to waive his per diem in order to spare taxpayers any additional expense for the session.