Defendant's right to access law enforcement recordings

Questions Presented Issue 1. Given the current extensive of use by law enforcement of modern technology such as automobile and body cameras, a defendant’s right under the Compulsory Process and Confrontation Clauses of the Sixth Amendment and Due Process Clauses of both the Fifth and Fourteenth Amendments to access the resultant recordings and this Court should delineate the protections afforded to defendants and the procedures and standards courts must employ with regard to the loss and/or destruction of such evidence: a) Regarding the admissibility of such evidence; and b) Regarding the right of the trier of fact to hear and assess such evidence. ii Parties The parties to this case are petitioner Nolan Marcus Forness, II and the Commonwealth of Virginia. Corporate Disclosure There are no corporations involved in this case. List of Proceedings 1. In the Arlington Circuit Court: Commonwealth v. Nolan Marcus Forness, II, No. CR20452-00: a. Trial — June 14-15, 2021; b. Sentencing — September 22, 2021; c. Notice of Appeal to the Virginia Court of Appeals filed — September 23, 2021. 2. In the Virginia Court of Appeals: Nolan Marcus Forness, II v. Commonwealth, Record No. 1029-21-4: a. Petition for Appeal filed — 1 Judge review date — January 3, 2021 — converted to an appeal of right (new law); b. 3 judge panel affirmed — June 28, 2022; iti c. Petition for rehearing en banc filed — July 12, 2022; d. Petition for rehearing — denied — July 19, 2022; e. Notice of Appeal to the Virginia Supreme Court filed — August 18, 2022. 3. In the Supreme Court of Virginia: Nolan Marcus Forness, IT v. Commonwealth, SCV Record # 220514: a. Petition filed — August 18, 2022; b. Petition refused — January 4, 2023; c. Petition for rehearing — January 18, 2023; d. Petition for rehearing denied — March 20, 2023.