Saturday, July 08, 2006

On the Goose and Gander rule as a bulwark of due process in our system of ordered liberty

In the case of U.S. v. Mackey, Magistrate Judge Urbanski of the W.D. Va. refused to reconsider his prior ruling that the Virginia law on filing of a certificate of analysis in a DUI case does not apply to a federal drunk driving case, notwithstanding the defendant's argument that "to hold otherwise violates the 'Goose and Gander Rule,'" but actually I think he was trying to argue the "Bitter with the Sweet" Rule.

No comments: