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Carlos Tapia v. New York

Paid petition · Court of Appeals of New York, No. 19 · judgment April 2, 2019


Certiorari denied · December 9, 2019
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Whether, when a witness’s total memory loss prevents him from testifying about his prior out-of-court testimonial statement, the witness’s mere presence at trial is enough to provide the defendant with the opportunity for cross-examination guaranteed by the Confrontation Clause.

Counsel of record

For petitioner
Daniel Adam Rubens
Orrick, Herrington & Sutcliffe LLP

For respondent
David Andrew Slott
Office of the District Attorney, Bronx County, New

Case

Conference history
Distributed for 2 conferences

Linked docket
18A1339

Proceedings

  1. Dec 09 2019
    Petition DENIED.
  2. Nov 15 2019
    Reply of petitioner Carlos Tapia filed. (Distributed)
  3. Nov 14 2019
    DISTRIBUTED for Conference of 12/6/2019.
  4. Oct 31 2019
    Brief of respondent New York in opposition filed.
  5. Sep 05 2019
    Motion to extend the time to file a response is granted and the time is extended to and including November 1, 2019.
  6. Aug 30 2019
    Motion to extend the time to file a response from September 18, 2019 to November 1, 2019, submitted to The Clerk.
  7. Aug 19 2019
    Response Requested. (Due September 18, 2019)
  8. Aug 14 2019
    DISTRIBUTED for Conference of 10/1/2019.
  9. Aug 08 2019
    Waiver of right of respondent New York to respond filed.
  10. Jul 31 2019
    Petition for a writ of certiorari filed. (Response due September 3, 2019)
  11. Jun 19 2019
    Application (18A1339) to extend the time to file a petition for a writ of certiorari from July 1, 2019 to July 31, 2019, submitted to Justice Ginsburg.
  12. Jun 19 2019
    Application (18A1339) granted by Justice Ginsburg extending the time to file until July 31, 2019.