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State court of last resort · ST-VA-SC
Billips v. Commonwealth
No. 062180Supreme Court of Virginia
062180 Billips v. Commonwealth 11/02/2007 (Revised 11/05/2007) Admissibility of opinion evidence based upon plethysmograph testing at a sentencing proceeding requires the same threshold finding of reliability …
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062180 Billips v. Commonwealth 11/02/2007 (Revised 11/05/2007) Admissibility of opinion evidence based upon plethysmograph testin…
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- Supreme Court of Virginia
- First seen
- Oct 4, 2026
- Last entry
- Nov 2, 2007
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062180 Billips v. Commonwealth 11/02/2007 (Revised 11/05/2007) Admissibility of opinion evidence based upon plethysmograph testing at a sentencing proceeding requires the same threshold finding of reliability of the scientific method as applies to the use of scientific evidence in judicial proceedings generally. The burden of making a prima facie showing of that foundation rests upon the proponent of the evidence, subject to the opponent's opportunity for cross-examination and refutation. Here, the Court of Appeals erred in reversing that burden, requiring the defendant to introduce evidence of unreliability of this technique. The judgment is reversed and the case is remanded for resentenci…
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