Preview Mode Links will not work in preview mode

Oral Arguments of the Supreme Court of Virginia


Dec 11, 2020

This podcast is provided by Ben Glass and Steve Emmert

www.BenGlassReferrals.com - www.Virginia-Appeals.com

 

Granted Appeal Summary


Case


AARON LOUIS GOLDBERG v. COMMONWEALTH OF VIRGINIA
(Record Number 191701)


From


The Court of Appeals of Virginia.


Counsel


Roger Alan Whitus (Office of the Public Defender) for appellant.
Kelsey M. Bulger (Office of the Attorney General) for appellee.


Assignment of Error


I. The Court of Appeals erred by finding that any error in denying appellant’s motion in limine and admitting horizontal gaze nystagmus ("HGN") evidence was harmless.


II. The Court of Appeals erred by failing to rule on whether the evidence of HGN testing was scientific, supported by sufficient foundational evidence of reliability, and was unfairly prejudicial in violation of appellant’s constitutional rights and the Virginia Rules of Evidence.

http://www.courts.state.va.us/courts/scv/appeals/191701.pdf