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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: 5% cert probability (95% interval 3%–9%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a petition citing three to ten dissents, and a dissent in the court below, and down for a state or local-government respondent.

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

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 2 conferences

Linked docket
18A1339

Order
Order list, December 9, 2019 · Certiorari denied

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.
    Main DocumentProof of Service
  12. Jun 19 2019
    Application (18A1339) granted by Justice Ginsburg extending the time to file until July 31, 2019.