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BILLIPS v. COM.

Record No. 062180.

652 S.E.2d 99 (2007)

Matthew Edward BILLIPS v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

November 2, 2007.

Attorney(s) appearing for the Case

James R. Henderson, IV (Henderson & Forster, on brief), Tazewell, for appellant.

Robert H. Anderson, III, Senior Assistant Attorney General (Robert F. McDonnell, Attorney General, on brief), for appellee.

Present: HASSELL, C.J., KEENAN, KOONTZ, KINSER, LEMONS, and AGEE, JJ., and RUSSELL, S.J.

OPINION BY Senior Justice CHARLES S. RUSSELL.

In a case of first impression, this appeal questions the admissibility of opinion evidence based upon plethysmograph testing at a sentencing proceeding.

Facts and Proceedings

Matthew Edward Billips, then a juvenile, was charged with two counts of forcible sodomy of a child under the age of 13 years, and one count of soliciting a child to commit sodomy. The juvenile and domestic relations district...

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