Mr. King received his juris docturate cum laude from The University of Michigan Law School in 2003. He earned a Masters Degree in History from George Mason University in 1996 and a B.S. in Physics from Mary Washington College in 1992. Prior to entering private practice, Mr. King worked at the Alexandria Office of Public Defender for over four years. Like Mr. Campbell, he attended the Trial Practice Institute at the National Criminal Defense College in Macon, Georgia. Before attending law school, his employment included project management at an environmental consulting company as well as work as a private investigator.
As a fluent Spanish speaker, Mr. King represents English and Spanish speaking clients in felony and misdemeanor criminal cases at both the trial court and appellate levels. He has represented clients charged with bank robbery, robbery, firearms offenses, manslaughter, attempted murder, felony sex charges, malicious wounding, drug possession and distribution, grand larceny auto, embezzlement, forgery, uttering, identity fraud, obstruction of justice, domestic assault, and many other criminal matters.
DUI and Serious Traffic Cases
Mr. King has represented hundreds of clients charged with criminal traffic matters such as driving under the influence (DUI) and driving on a suspended license, including allegations of DUI related manslaughter, felony DUI, felony eluding, felony hit & run, and reckless driving resulting in death. He is experienced in using expert testimony in defense of DUI cases and making constitutional challenges to the enhancement of DUI offenses based on prior DUI offenses allegedly committed by the accused.
He has served as counsel or co-counsel in over two hundred trials, including cases resulting in acquittals involving allegations of robbery, felony child neglect, felony assault, felony sex charges and other felonies as well as numerous misdemeanor matters such as DUI, assault, larceny, marijuana possession, identity fraud, trespassing, and other criminal allegations.
Mr. King has appeared before the U.S. Supreme Court, Virginia Supreme Court, and the Virginia Court of Appeals. He has argued cases on brief both before the Virginia Supreme Court and Virginia Court of Appeals. In the U.S. Supreme Court, on January 11, 2010, he served as accompanying counsel to Professor Richard Friedman of the University of Michigan Law School, a Confrontation Clause scholar, in Briscoe v. Virginia, 559 U.S. (2010). The question presented in Briscoe was whether the government, if it Â“allows a prosecutor to introduce a certificate of a forensic laboratory analysisÂ” without the analyst's live testimony, may Â“avoid violating the Confrontation Clause of the Sixth Amendment by providing that the accused has a right to call the analyst as his own witness.Â”
The U.S. Supreme Court granted certiorari in Briscoe on June 29, 2009, four days after deciding the major Confrontation Clause case of Melendez-Diaz v. Massachusetts, 129 S. Ct. 2527 (June 25, 2009) (View PDF), which held laboratory certificates of analysis are testimonial hearsay and the Confrontation Clause of the U.S. Constitution requires the government to make analysts who prepare such certificates available to the defense for cross-examination. On August 19, 2009, the Virginia General Assembly met in special session to amend the statutes challenged in Briscoe and to bring those laws into compliance with Melendez-Diaz v. Massachusetts. On August 22, Governor Kaine signed new legislation requiring the prosecution, rather than the defense, to present the live testimony of lab technicians in the prosecution's case-in-chief if so demanded by the defendant.
It would appear the Virginia General Assembly made the correct decision to amend the laws challenged in Briscoe. On January 25, 2010, the U.S. Supreme Court vacated the decision against petitioners Briscoe and Cypress (View PDF) and remanded the case in light of Melendez Diaz v. Massachusetts. In 2008, Mr. King argued Briscoe v. Commonwealth before the Virginia Supreme Court (decided in Magruder v. Virginia, 657 S.E.2d 113, 275 Va. 283 (Va. 2008)) (View PDF), which 4-3 opinion in favor of the Commonwealth precipitated Briscoe's appeal to the U.S. Supreme Court.
Briefs and materials related to Briscoe v. Virginia and the Confrontation Clause are available on Professor Friedman's Confrontation Blog.
J.D., University of Michigan Law School, 2003
M.A., History, George Mason University, 1996
B.S., Physics, Mary Washington College, 1992
U.S. Supreme Court Â– 2010
U.S. District Court for the Eastern District of Virginia Â– 2009
U.S. District Court for the Western District of Virginia Â– 2009
Virginia Â– 2003
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