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Timothy Raymond Carter v. Virginia

Paid petition · Supreme Court of Virginia, No. 161693 · judgment September 11, 2017


Certiorari denied · March 26, 2018
Pre-decision estimate: 0% cert probability

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

  1. Mar 26 2018
    Petition DENIED.
  2. Mar 07 2018
    DISTRIBUTED for Conference of 3/23/2018.
  3. Feb 27 2018
    Waiver of right of respondent Commonwealth of Virginia to respond filed.
  4. Feb 20 2018
    Petition for a writ of certiorari filed. (Response due March 26, 2018)