Grant v. Vommonwealth

In this case, the Virginia Court of Appeals dismissed defendant's conviction for driving under the influence. Defendant's attorney filed a "Notice of Confrontation Rights Pursuant to Virginia Code Section 19.2-187" two months prior to Circuit Court trial. At trial, the prosecutor failed to have the breath test operator testify.
Over the defendant's objection, the Court admitted the certificate of analysis. The Court of Appeals essentially said the United States Supreme Court case of Melendez-Diaz was controlling. Thus, the Confrontation Clause of the United States Constitution had been violated.