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Timothy Raymond Carter v. Virginia
Paid petition · Supreme Court of Virginia, No. 161693 · judgment September 11, 2017
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
I. Whether the conduct of the prosecuting attorney infected Defendant’s trial with such unfairness so as to make the conviction a denial of due process and a per se violation of Carter’s constitutional rights and creates a non-rebuttable presumption of bias in violation of Carter’s 6th Amendment Right of Confrontation? II. Whether a juror and prosecutor concealing an incident wherein the prosecutor gave a juror a gift during trial and spent a part of a lunch recess talking and smoking with the juror is a conclusive presumption of implied bias, and therefore a violation of Carter’s Due Process Rights and his Right to a Fair Trial? III. Whether the Virginia Courts Erred in finding that Carter’s Fourth Amendment Rights were not violated when the Law Enforcement Officer provided false and misleading information to the Magistrate and finding that the Plain View Doctrine allowed the seizure of evidence from Carter’s residence?
Counsel of record
For petitioner
Timothy W. McAfee
For respondent
Matthew Robert McGuire
Office of the Attorney General
Case
Conference history
Distributed for 1 conference
Proceedings
- Mar 26 2018Petition DENIED.
- Mar 07 2018DISTRIBUTED for Conference of 3/23/2018.
- Feb 27 2018Waiver of right of respondent Commonwealth of Virginia to respond filed.
- Feb 20 2018Petition for a writ of certiorari filed. (Response due March 26, 2018)