No. 23-91

Nolan Marcus Forness, II v. Virginia

Lower Court: Virginia
Docketed: 2023-08-01
Status: Denied
Type: Paid
Response Waived
Tags: body-cameras compulsory-process confrontation-clause due-process evidence-preservation fifth-amendment fourteenth-amendment sixth-amendment
Latest Conference: 2023-09-26
Question Presented (from Petition)

Issue 1. Given the current extensive of use by law enforcement of modern technology such as automobile and body cameras, a defendant's right under the Compulsory Process and Confrontation Clauses of the Sixth Amendment and Due Process Clauses of both the Fifth and Fourteenth Amendments to access the resultant recordings and this Court should delineate the pr otections afforded to defendants and the procedures and standards courts must employ with regard to the loss and/or destruction of such evidence:

a) Regarding the admissibility of such evidence; and

b) Regarding the right of the trier of fact to hear and assess such evidence.

Question Presented (AI Summary)

Defendant's right to access law enforcement recordings

Docket Entries

2023-10-02
Petition DENIED.
2023-08-23
DISTRIBUTED for Conference of 9/26/2023.
2023-08-22
Waiver of right of respondent Commonwealth of Virginia to respond filed.
2023-06-20

Attorneys

Commonwealth of Virginia
Andrew Nathan FergusonOffice of the Attorney General, Respondent
Nolan Marcus Forness, II
Marvin David MillerThe Law Offices of Marvin D. Miller, Petitioner