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Karina Rafter v. Virginia

Paid petition · Supreme Court of Virginia, No. 210183 · judgment November 4, 2021


Certiorari denied · May 16, 2022
Pre-decision estimate: 1% cert probability

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

Question presented

Does the admission of out-of-court statements of a decedent, offered under the state-of-mind excep­ tion, violate the Confrontation Clause of the Sixth Amendment where there is evidence of unreliability and bias?

Counsel of record

For petitioner
Cary B. Bowen
Bowen, Medina & Lindemann

For respondent
Andrew Nathan Ferguson
Office of the Attorney General

Case

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

Conference history
Distributed for 1 conference

Order
Order list, May 16, 2022 · Certiorari denied

Proceedings

  1. May 16 2022
    Petition DENIED.
  2. Apr 20 2022
    DISTRIBUTED for Conference of 5/12/2022.
  3. Apr 13 2022
    Waiver of right of respondent Virginia to respond filed.
  4. Feb 02 2022
    Petition for a writ of certiorari filed. (Response due April 14, 2022)