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Benjamin Forrest Carter v. Virginia

Paid petition · Supreme Court of Virginia, No. 201107 · judgment May 20, 2021


Certiorari denied · November 22, 2021
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

Whether the Supreme Court of Virginia erred in affirming the judgment of the Court of Appeals of Virginia, which affirmed the defendant’s convictions in the Circuit Court of the City of Newport News, Virginia, where the Circuit Court erred in admitting victim-witness Jasmine Smith-Aaron’s hearsay prior preliminary hearing testimony as substantive evidence in violation of defendant-appellant’s Sixth Amendment right of confrontation and then attempting to remedy its own error by subsequently striking the improperly admitted transcript references from the record at a point too late in the trial to cure the earlier constitutional violation?

Counsel of record

For petitioner
Andrew Michael Sacks
Sacks & Sacks, P.C.

For respondent
Michelle Shane Kallen
Virginia Office of the Attorney General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Nov 22 2021
    Petition DENIED.
  2. Nov 02 2021
    DISTRIBUTED for Conference of 11/19/2021.
  3. Oct 27 2021
    Waiver of right of respondent Commonwealth of Virginia to respond filed.
  4. Oct 18 2021
    Petition for a writ of certiorari filed. (Response due November 19, 2021)