MORGAN v. COM.

Record No. 1055-06-4.

650 S.E.2d 541 (2007)

50 Va. App. 369

Thales MORGAN, Jr. v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Alexandria.

September 18, 2007.


Attorney(s) appearing for the Case

Barry A. Zweig (Zweig & Associates, on briefs), Manassas, for appellant.

Alice T. Armstrong, Assistant Attorney General (Robert F. McDonnell, Attorney General, on brief), for appellee.

Present: KELSEY, HALEY and PETTY, JJ.


HALEY, Judge.

The narrow issue here for resolution is whether the trial court properly concluded that the Commonwealth exercised reasonable diligence to procure the attendance at trial of its deported witness, as a predicate supporting the trial court's additional determination that that witness was unavailable for trial, thus permitting the admission of the earlier transcribed testimony of that witness, in accord with the principles of Crawford v. Washington,...

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